THE
CORPORATION OF THE
BY – LAW
#2008 - 1576
Being a
by-law respecting construction, demolition, change of use,
conditional permits and inspections
WHEREAS Section 7 of the Building Code Act,
1992, S.O. 1992, Chapter 23, as amended, empowers Council to pass certain
by-laws respecting construction, demolition, change of use, conditional permits
and inspections of same and the setting of fees for permits,
NOW THEREFORE THE COUNCIL OF THE CORPORATION
OF THE
1.
SHORT TITLE
This by-law may be cited as the
“Building By-law”
2.
DEFINITIONS
2.1.1 “Act” means the Building Code Act 1992, as
amended, including amendments thereto.
2.1.2 “As Constructed Plans”
means as constructed plans as defined in the Building code.
2.1.3 “Building” means a building as defined in
Section 1(1) of the Act.
2.1.4
“Building Area” means the greatest horizontal area of
a building within the outside surface of the exterior walls.
2.1.5
“Building Code” means the regulations made under
Section 34 of the Act.
2.1.6
“Chief Building Official” means the Chief Building
Official appointed by by-law of the Corporation of the
2.1.7
“Construct” means construct as defined in Section 1(1)
of the Act.
2.1.8
“Corporation” means the Corporation of the
2.1.9
“Demolish” means demolish as defined in Section 1(1)
of the Act.
2.1.10
“
2.1.11
“Building Inspector” means an inspector appointed by
by-law of the Corporation of the
2.1.12
“Owner” means the registered owner of the property and
includes a lessee, mortgagee in possession, and the authorized agent in lawful
control of the property.
2.1.13
“Permit” means written permission or written
authorization from the Chief Building Official to perform work regulated by
this by-law and the Act.
2.1.14
“Permit Holder” means the owner to whom a permit has
been issued or where a permit has been transferred, the new owner to whom the
permit has been transferred.
2.1.15
“Plumbing” means plumbing as defined in Section 1(1)
of the Act.
2.1.16
“Word – term not defined” meaning any word or term not
defined in this By-law, that is defined in the Act or Building Code shall have
the meaning ascribed to it in the Act or the Building Code.
3.
CLASSES OF
PERMITS
Classes of permits with respect to the construction,
demolition and change of use of buildings and permit fees shall be as set out
in Schedules A and B to By-Law 2008 -
, as amended.
4.
REQUIREMENTS
FOR APPLICATIONS
THE
APPLICATION
4.2.1
Where application is made for a building permit under Subsection
8(1) of the Act, the application shall:
4.2.1.1
Identify and describe in detail the work and the
occupancy to be covered by the permit for which application is made.
4.2.1.2
Describe the land on which the work is to be done, by
a description that will readily identify and locate the building lot.
4.2.1.3
Include a minimum of two sets of complete plans and
specifications for the work to be covered by the permit and show the occupancy
of all parts of the building.
4.2.1.4
State the valuation of the proposed work including
materials and labour and be accompanied by the
required fee.
4.2.1.5
State the names, addresses and telephone numbers of
the owner and of the architect or engineer, where applicable, or other designer
or contractor.
4.2.1.6
Be accompanied by a written acknowledgement of the
owner that he has retained an architect or professional engineer to carry out
the field review of the construction where required by the Building Code and,
4.2.1.7
Be assigned by the owner or his or her authorized
agent who shall certify the truth of the contents of the application.
4.2.2
Where application is made for a demolition permit
under Subsection 8(1) of the Act, the application shall,
4.2.2.1
Contain the information required by clauses 4.2.1.1 to
4.2.1.7 and
4.2.2.2
May be required to be accompanied by satisfactory
proof that arrangements have been made with the proper authorities for the
cutting off and plugging of all water, sewer, electric, telephone or other
utilities and services.
4.2.3
Where application is made for a conditional permit
under Subsection 8(3) of the Act, the application shall,
4.2.3.1
Contain the information required by clauses 4.2.1.1 to
4.2.1.7,
4.2.3.2
Contain such other information, plans and
specifications concerning the complete project as the Chief Building Official
may require,
4.2.3.3
State the reasons why the applicant believes that
unreasonable delays in construction would occur if a conditional permit is not
granted.
4.2.3.4
State the necessary approvals, which must be obtained
in respect of the proposed building and the time line in which such approvals
will be obtained.
4.2.3.5
State the time line in which plans and specifications
of the complete building will be filed with the Chief Building Official.
4.2.3.6
Review and sign a Conditional Permit Agreement as
prescribed by the Chief Building Official.
4.2.4
Where application is made for a transfer of a permit
under clause 7(h) of the Act because of change of ownership of the property,
the owner shall file the following information,
4.2.4.1
The form prescribed by the Chief Building Official.
4.2.4.2
The names and addresses of the former and new owner.
4.2.4.3
The date that the property was transferred; and
4.2.4.4
The confirmation of the continuation of or the
particulars of any change in the arrangements for general review of the
construction in accordance with Section 2.3., Design and General Review, of the
Building Code.
4.3
CHANGE IN
USE PERMITS
4.3.1
Every applicant for a change of use permit issued
under Subsection 10(1) of the Act shall be submitted to the Chief Building
Official and shall,
4.3.1.1
Describe the building in which the occupancy is to be
changed, by a description that will readily identify and locate the building.
4.3.1.2
Identify and describe in detail the current and
proposed occupancies of the building or part of a building for which the
application is made,
4.3.1.3
Include plans and specifications which show the
current and proposed occupancy of all parts of the building and which contain
sufficient information to establish compliance with the requirements of the
Building Code including floor plans, details of wall, ceiling and roof
assemblies, identified required fire resistance ratings and load bearing
capacities,
4.3.1.4
Be accompanied by the required fees,
4.3.1.5
State the name, address and telephone number of the
owner, and
4.3.1.6
Be signed by the owner or his or her authorized agent
who shall certify the truth of the contents of the application.
4.5 PLANS AND INSPECTIONS
4.5.1
Sufficient information shall be submitted with each
application for a permit to enable the Chief Building Official to determine
whether or not the proposed construction, demolition or change of use will
conform with the Act, the Building Code and any other
applicable law.
4.5.2
After the issuance of a permit under the Act, notice
of any material change to a plan, specification, document or other information
on the basis of which is not to be made without his or her
written authorization.
4.5.3
Each application shall, unless otherwise specified by
the Chief Building Official, be accompanied by two complete sets of plans and
specifications required under this by-law.
4.5.4
Plans shall be drawn to scale on paper, cloth or other
durable material shall be legible and without limiting the generality of the
foregoing, shall include such works as set out in Schedule “C” to this by-law,
unless otherwise specified by the Chief Building Official.
4.5.5
Site plans shall be accurately drawn to scale, and
when required by the Chief Building Official to demonstrate compliance with the
Act, the Building Code or other applicable law, a copy of a survey prepared by
an Ontario Land Surveyor shall be submitted. Site plans shall show:
4.5.5.1
4.5.5.2
Existing and finished ground levels or grades,
4.5.5.3
Existing right-of-ways, easements and municipal
services where applicable.
4.5.5.4 Verification by an Ontario Land Surveyor
of by-law compliance may be required before proceeding past foundation state,
if required by the Chief Building Official.
5.
PAYMENT OF
FEES
Fees for a
required permit shall be set out in Schedule “B” to By-law 2008 and are due and
payable to the Joint Building Committee upon submission of an application for a
permit.
Where the
fees payable in respect of an application for a construction or demolition
permit issued under Subsection 8(1) of the Act or a conditional permit under
Subsection 8(3) of the Act are based on the cost of valuation of the proposed
work, the cost of valuation of the proposed work shall mean the total cost of
all work regulated by the permit, including the cost of all material, labour, equipment, overhead and professional and related
services, provided that where application is made for a conditional permit,
fees shall be paid for the complete project.
The Chief
Building Official may place a valuation on the cost of the proposed work for
the purposes of establishing the permit fee, and where disputed the applicant
shall pay the fee under protest and, within six (6) months of completion of the
project, shall submit an audited statement of the actual costs and where the
audited costs are determined to be less than the valuation, the Chief Building
Official shall issue a refund.
6.
REFUNDS
6.1 In the case of withdrawal of an
application or the abandonment of all or a portion of the work or the non-commencement of any project, the Chief
Building Official shall determine the amount of paid permit fees that may be
refunded to the applicant, if any, in accordance with Schedule “D” attached to
and forming part of this by-law.
7.
PRESCRIBED
NOTICES AND INSPECTIONS
The owner or
an authorized agent shall notify the Chief Building Official of each stage of
construction for which a notice is required under Article 2.4.5.1. and Article 2.4.5.2.(1) (d), (e), (f) and (g) of the
Building Code.
The owner or
authorized agent shall give notice of completion as prescribed by Section 11 of
the Act or, where occupancy is required prior to
completion, the owner or authorized agent shall give notice of inspection to
ensure compliance with the requirements of Section 11 of the Act and subsection
2.4.3. of the building code.
Upon receipt
of proper notice, the Chief Building Official shall undertake a site inspection
of the building to which the notice relates in accordance with the prescribed
time periods set out in Article 2.4.5.3. of the
Building Code and Section 11 of the Act.
8.
AS
CONSTRUCTED PLANS
The Chief Building Official may
require that a set of plans of a building or any class of building as
constructed be filed with the Chief Building Official on completion of
construction under such conditions as may be prescribed in the Building Code.
9.
THE PENALTY
CLAUSE
Under Clause
36(1) of the Act, contravention of a by-law passed under the Act constitutes an
offence, and subsections 36(3)-(5) of the Act provides
penalties for this offence.
10.
REPEAL
CLAUSE
By-Law #
1305 of the Corporation of the
11.
DATE AND
EFFECT
This
Building By-Law will come into effect on this , 2008.
SCHEDULES
ATTACHED
Schedules attached hereto are: Schedule A – Classes of
Permits
Schedule
B – Permit Fees
Schedule
C – Application requirements
Schedule
D – Refund of fees
Schedule
E – Transfer Permit Application
READ A FIRST
& SECOND TIME THIS
26th DAY OF August 2008.
READ A THIRD
TIME AND FINALLY PASSED THIS
26th DAY OF August 2008
________________________________________
Stephen
R. Rawn, Mayor
________________________________________
Diana
Georgie Clerk
THE CORPORATION OF THE
BY-LAW 2008 - 1576
Building
By-Law
SCHEDULE “A” – CLASSES OF PERMITS
1. Building
Permits To allow the
construction of a building,
includes erection,
installation, extension or material alteration or repair of a building and
includes the installation of a building unit moved onto the property.
2. Demolition
Permit For the demolition of
all or part of a building.
3. Conditional
Permit Pertains to construction
only and may be issued only in accordance with Section 8.(3) of the Building Code Act.
4. Stage
of Construction For the purpose of
allowing the commencement of construction of a building or part thereof and
completion to a certain stage as permitted by such Permit and includes but is
not limited to solid fuel burning appliances, heating, ventilation systems and
air conditioning systems, or any part thereof.
5. Designated
Structure To
be for the purpose of constructing a Permit designated structure as defined in the Ontario Building Code.
6. Temporary
Structure To permit the erection
of a tent or temporary structure which exceeds 30 square metres
(323 square feet) in ground area.
7. Transfer Permit To be issued to a new owner where ownership changes
occur during or prior to the closing of any previously issued permit.
8. Occupancy
Permit To allow occupancy of
an unfinished building in accordance with the Building Code.
9. Change
of Use Permit To
comply with the requirements of Part 10 of the Building Code.
THE CORPORATION OF THE
BY-LAW 2008 - 1576
Building
By-Law
SCHEDULE “B” – PERMIT FEE SCHEDULE
Fee Schedule
is based on Cost Guidelines
$50.00 + $9.00 per Thousand - Cost
Guidelines - cost per square foot of floor area
$50.00 Change of Use Permit – Inspection
fee only with no Building Permit Issued
$50.00 Transfer Permit
$50.00 + $9.00
per Thousand of project value for Conditional Permit
$50.00 Searching
of records (Building and Zoning compliance letters)
$50.00 Re-inspection
CONSTRUCTION
COST GUIDELINES – cost per square foot of floor area
Residential
Unit:
Single Storey House $115.00
minimum per square foot
Two Storey House (1st
floor) $115.00 minimum
per square foot
Each Additional Storey $55.00 minimum per
square foot
Attached Garage $25.00
minimum per square foot
Cottage /
Recreational Dwelling:
Dwelling with Basement $115.00 minimum per
square foot
Dwelling on Piers / Frost Wall $90.00 minimum per square foot
Dwellings on Slab $90.00
minimum per square foot
Each Additional Storey $55.00 minimum per
square foot
Garage /
Farm Buildings:
Garage / Shed on Slab $20.00 minimum per
square foot
Garage / Shed no floor $15.00 minimum per
square foot
Barns / Outbuildings located
on Assessed
Farm Lands $15.00
minimum per square foot
Commercial –
Industrial:
Based on cost price……or $85.00 minimum per
square foot
Renovations: Based
on cost price estimates
Decks /
Porches / Additions: Based
on cost price estimates
Demolition
Permits: $5.00
minimum per square foot
The cost construction guidelines are only a guideline.
The Chief Building Official may place a valuation on the cost of the proposed
work as per section 5. of this building by-law.
No permit is required for re-shingling a roof.
A permit is required for re-roofing with metal or metal siding.
No permit is required for a shed
less than 100 sq.ft. provided
that the principal structure is erected on the property or a permit for such
structure has been issued. Lot coverage and setback distances for the
To obtain a Building Permit, it is necessary to first apply and receive
the following:
THE CORPORATION OF THE
BY-LAW 2008 - 1576
Building
By-Law
SCHEDULE “C” – REQUIRED PERMIT DRAWINGS
1.
The Site Plan
2.
Floor Plans
3.
Foundation Plans
4.
Framing Plans
5.
Roof Plans
6.
Sections and Details
7.
Building Elevations
8.
Heating, Ventilation and Air Conditioning Drawings
9.
Plumbing Drawings
10.
Electrical Drawings
Note: The
above-mentioned list of drawings should be used as a guide when preparing
drawings for submission for a building permit, for a project designed under
Part Nine of the Ontario Building Code that does not require professional
design. Any project that requires design by an Architect and/or a Professional
Engineer (
The
Chief Building Official may specify that not all of the above-mentioned plans
are required to accompany all applications for permits. Check with the Chief
Building Official for those required.
THE CORPORATION OF THE
BY-LAW 2008 - 1576
Building
By-Law
SCHEDULE “D” – REFUNDS
Status of Permit Application Percentage of
Fee Eligible for Refund
1. Application filed, 75%
maximum
No processing or review
of plans
submitted
2. Application filed, 50%
maximum
Plans reviewed and permit issued
NOTE:
1.
No refunds
after any building inspections are carried out.
2.
No refund
shall be less than $50.00
3.
No refund
will be given when application for refund is not made within twelve (12) months
of the issuance of permits.
4.
No refund of
the “costs” portion of any permit will be made.
THE CORPORATION OF THE
BY-LAW 2008 – 1576
Building
By-Law
SCHEDULE “E”
APPLICATION TO TRANSFER A BUILDING PERMIT
Building
Permit
No.__________________________________________________________________________
Original
Applicant
Name______________________________________________________________________
Address____________________________________________________________________________________
Permit Transferred To:
____________________________________________________
(Name)
____________________________________________________
(Address)
Phone No. (Home)_____________________________________ Work No.____________________________
I, the undersigned, understand that
the transfer of a Permit shall not be deemed to be a waiver of any of the
provisions of any by-laws or requirements under the Building Code Act, or
Regulations made thereunder, notwithstanding anything
included in or omitted from the plans or other materials filed in support of or
in connection with the Building Permit.
I acknowledge that in the event that
the permit is transferred, any changes to plans or specifications filed for the
Building Permit, is prohibited, unless first authorized by the Chief Building
Official, and such changes could result in an Order to Comply, and/or a charge
being preferred and a summons issued by the Provincial Court.
I acknowledge that in the event that
the Chief Building Official seeks to enforce the provisions of the Building
Code, its Regulations, or this by-law, with respect to the work to be done
pursuant to the permit, I shall be responsible for compliance.
_______________________________________________ _______________________________________
Date Signature
_______________________________________________ _______________________________________
Date Chief
Building Official