By-law No. 0709/2020 - Being a By-law respecting Construction, Demolition, and Change of Use Permits, Inspections and a Code of Conduct (Building By-law) and to repeal By-law No. 0482/2017
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THE CORPORATION OF THE TOWNSHIP OF ADDINGTON HIGHLANDS
BY-LAW NO. 0709/2020
BEING A BY-LAW RESPECTING
CONSTRUCTION, DEMOLITION,AND CHANGE OF
USE PERMITS, INSPECTIONS
AND A CODE OF CONDUCT AND TO REPEAL BY-LAW
NO. 0482/2017
WHEREAS Section 7 of the Building Code Act, 1992 empowers
Council to pass certain By-
laws respecting
construction,
demolition, change
of use permits and inspections.
AND WHEREAS Section 7.1(1) ofthe
Building Code Act, SO.
1992, Chapter 23, as
amended
requires
Council
to establish
and enforce
a Code
of Conduct
for the Chief Building
Officialand Inspectors;
NOW THEREFORE the Corporation
of the Township of Addington Highlands enacts as
follows:
Section 1.
-- Citation
1. This By--lawmay be cited as the Township of Addington Highlands Building By-law.
Section 2.
--
Definitions
In This By-law,
2.1
"Act"means the Building Code Act, 1992, including amendments thereto.
2.2
"As constructed
plans" means as constructed plans as defined inthe Building Code.
2.3
"Building "means a building as defined in Section 1 (1) of the Act.
2.4
"Building Code" means the regulations
made under Section 34 ofthe Act.
2.5
"Chief Building Official" means the Chief Building Officialappointed by the By-Law of
the Corporation ofthe Township of Addington Highlands forlhe purposes of
enforcement of the Act.
2.6
"Corporation" means the Corporation of the Township of Addinglon Highlands.
2.7
"Farm Building" means
a farm building as defined in the Building Code.
2.8
"Permit" means written permission or written authorization fromthe Chief Building
Officialto perform work regulated
by this By-Law and the Act.
29
"Plumbing" means
plumbing as defined in Section 1 (1) of the Act.
2.10
"Sewage System" means
a sewage
system
as defined in section 1 (1) ofthe Act.
Section 3.
- Classes of Permits
3.1
Classes of permits with respect
to the construction and demolition of buildings and
structures
and change of use of buildings and structures
and change of use of
buildings within the meaning of the Act and regulations shall be as set out in Schedule
"A"to this By~law.
3.2
Where a permit is issued for part of a building or project, this shall not be construed to
authorize construction beyond the plans for which approval was given nor that
approval will necessarily be granted for the entire building or project.
3.3
Revision to Permit
--
After the issuance of a permit under the Act. notice of any
material change
to a plan, specification,
document or other informationon the basis of
which the permit was issued, must be given in writing to the Chief BuildingOfficial
B_\'--la\\'No. 0709/2020
3,4
together
with the details of such change
which is not to be made without his or her
written authorization.
Conditional Permit. This permit may be issued at the discretion of the Chief Building
Official to authorize any stage of construction,
even though all the requirements under
subsection
8 (2) of the Act have not been met (i.e., compliance with other applicable
law). The requirements
of clauses
8 (3) (a), (b) and (c) of the Act must, however,
be
complied with, before a conditional permit may be issued.
Section 4.
- Reguirements
for Applications
4.1
4.2
4.3
Every application for a permit shall be submitted to the Chief Building Official or duly
appointed designate,
and contain the following information:
Where application is made for a building permit under Subsection
8 (1) of the Act, the
application shall:
(a) Identify and describe in detail the work and occupancy to be covered by the permit
for which the application is made,
(b) Describe the land on which the work is to be done. by a description that willreadily
identify and locate the building lot,
(c) Include complete plans and specifications
as described inthis By~lawfor the work
to be covered by the permit and show the occupancy of all parts of the building,
(d) State the valuation of the proposed work including materials and labour and be
accompanied
by the required fee,
(e) State the names,
addresses
and telephone
numbers of the owner, architect or
engineer,
where applicable, or other designer
or constructor,
(f) Be accompanied
by a written acknowledgment
ofthe
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,
(g) Be signed by the owner or his/her authorized agent who shall certify the truth of the
contents
of the application,
(h) In accordance
with the Ontario Building Code, building permits shall be valid for a
period of twelve months following the date of issue thereof and shall be renewed
on expiration by payment ofthe prescribed fee.
(i) Notwithstanding
subsection
(h) provided that active construction by the permit
holder has commenced
and continued beyond the time prescribed aforesaid in
sub-section
(h), no building permit shall require renewal at the expiration of the
time prescribed so long as the said construction is carried on by the permit holder.
Where application is made for a demolition permit under Section 8 (1) ofthe Act, the
application shall,
(a) Contain the information by Clauses 1 (a) to (g)
(b) May be required to be accompanied
by satisfactowproofthat arrangements
have
been made with the proper authorities for cutting off and plugging of all water,
sewer,
electric, telephone or other utilitiesand sen/ices.
Where application is made for a conditional permit under Subsection 8 (3) ofthe Act,
the application shall,
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B)'~lz1\\'No. 0709/2020
4.4
4.5
(a) Contain the information by Clauses
1 (a) to (g),
(b) Contain
such other information, plans and specifications
concerning the complete
project as the Chief Building Official may require,
(c) State the reasons
why the applicant believes that unreasonable
delays in
construction would occur ifa conditional
permit is not granted,
(d) State the necessary
approvals which must be obtained inrespect
of the proposed
building and the time in which such approvals willbe obtained, and
(e) State
the time in which plans and specifications
of the complete building will be
filed with the Chief Building Official.
Change of Use Permits
-- Even!application for a change
of use permit issued under
Subsection
10(1) of the Act shall be submitted to the Chief Building Official, and shall:
(a) Describe the building in which the occupancy
is to be changed, by a description
that will readily identify and locate the building.
(b) Identify and describe in detail the current and proposed occupancies of the building
or part of a building for which the application is made,
(c) include plans and specifications
which show the current and proposed occupancy
of all parts of the building, and which contain sufficient informationto establish
compliance with the requirements
ofthe
Building code, including'floor plans,
details of wall, ceiling and roof assemblies
identifying required fire resistance
ratings and load bearing capacities,
(d) State the name, address,
and phone number ofthe owner,
(e) Be signed by the owner or his / her authorized agentwho
shall certify the truth of
the contents of the application.
Equivalents
-- Where an application for a permit or for authorization to make a material
change
to a plan, specification,
document or other information of the basis of which a
permit was issued, contains equivalent material, system
or building design for which
authorization under Section 9 of the Act is requested,
the following information shall be
provided:
(a) A description of the proposed material, system or building design forwhich
authorization under Section 9 of the Act is requested,
(b) Any applicable
provisions ofthe
Building Code,
(c) Evidence that the proposed material, system or building design willprovide the
level of performance
required by the Building code.
Section 5.
- Plans and Specifications
5.1
5.2
Sufficient information shall be submitted with each application for a permit to enable
the Chief Building Officialto determine whether or not the proposed construction,
demolition or change of use willconform with the Act, the Building Code and any other
applicable law.
Each application shall, unless otherwise specified by the Chief Building Official, be
accompanied by two complete sets of the plans and specifications required under this
By«law.
Page 3 cl'6
l3_\'-lawNo. 0700/2020
5.3
5.4
5.5
5.6
Plans shall be drawn to scale on substantial material or in electronic format or other
durable material approved
by the Chief Building Official, shall be legible and. without
limiting the generality
of the foregoing, shall include such working drawings as set out
in Schedule
"B" to this By-law unless otherwise specified
by the Chief Building Official.
Site Plans shall be referenced
to an up-to--date survey and, when required to
demonstrate
compliance with the Act, the Building Code or other applicable law, a
copy ofthe
survey shall be submitted to the Chief Building Official.
Site Plans shall show:
(a) Lot size and dimensions
of property lines and set-backs to any existing or
proposed
buildings.
(b) Existing and finished ground levels or grades,
and,
(c) Existing rights»of--way, easements
and municipal services.
Verification by an Ontario Land Sun/eyor
of by»law compliance may be required before
proceeding past foundation state,
if required by the Chief Building Official on
reasonable
grounds.
Section 6.
--
Payment of Fees
6.1
6.2
6.2.1
6.3
6.4
Fees for a required permit shall be as set out in Schedule "A'to this By-law which was
in effect at the time application became complete and are due and payable upon
issuance of a permit.
Where the fees payable in respect
of an application for a construction ordemolition
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
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.
Where the fees payable
in respect
of an application for a construction ordemolition
permit issued under Subsection 8 (1) of the Act or a conditional permit issued under
Subsection
8(3) ofthe Act are based on a floor area, floor area shall mean the total
floor space of all story's above grade (or below grade for an underground home)
measured
as the horizontal area between exterior walls of the building.
Provided that where application is made for a conditional permit,fees shall be paid for
the complete project.
Where fees payable in respect
of an application for a change of use permit issued
LinderSubsection
10(1) of the Act are based on floor area, floor area shall mean a
total floor space of all story's subject to the change
of use.
Section 7.
--
Refunds
7.1
in the case of withdrawal of an application or the abandonment
of all or a portion of the
work or the non--commencement
ofany
project, the Chief BuildingOfficialshall
determine the amount of paid permit fees that may be refunded to the applicant. if any,
in accordance
with Schedule
"A"attached to and forming part of this By-law.
Section 8.
--
Notice Requirements
for Inspections
--
Section 7 (e)
8.1
The owner or an authorized agent shall notify the Chief Building Official at |eastforty~
eight hours (excluding statutory holidays and week-ends)
priorto each stage of
construction forwhich notice in advance is required under the Building Code.
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B_\'--la\V
No. 0709/20? 0
Section 9.
--
Prescribing
Forms
9.1
The forms set out in Schedule
*0' attached to and forming part of this By-law are
prescribed
for the purposes
of this By»law.
Section 10.
-- Annual Report and Reserve Fund
10.1
The Treasurer
is hereby directed to prepare an Annual Report which shall enumerate
the direct and indirect costs
of delivering building sen/ices
related tothe administration
and enforcement ofthe Building Code Act for the previous fiscalyear
(12 month
period). The said report shall also set out the amount of the reserve fund atthe end of
the previous fiscal year.
The Annual
Report shall be submitted
to Council
no later than
three months after the end of the previous fiscal year.
10.2
For the purposes ofthe By-law, the fiscal year of the municipalityshall be prescribed
by the Municipal Act.
10.3
A reserve
fund is hereby established for the purposes of setting aside surplus
revenues
from building permit fees. The reserve fund shall be used exclusively for the
operation of the building department of the Corporation for any subsequent
fiscal year
or fiscal years.
The Treasurer is hereby directed to maintain all records related to the
reserve
fund.
Section 11. -Transfer of Permits
11.1
The transfer of a permit shall be permitted when there is a change of ownership ofthe
lands affected by the permit provided that the new owner informs the Chief Building
Official in writing that he/she has assumed
responsibility for engaging the services of
any contractor, design professional or other service required to complete work
authorized under a permit or permits.
Section 12.
-- Code of Conduct.
12.1
The Code of conduct as required under Section 7.1 ofthe Actis setout
in Schedule
"D"of this by~law.
Section 13.
-- Severability
13.1
Should any Section or part of a Section of this By-law or schedules hereto be declared
by a court of competent
jurisdiction to be invalid, the same shall not affect the
provisions of this By-law as a whole or any part other than the part declared to be
invalid.
Section 14.
-- Other By~Laws. Licenses Permits and Requlations
14.1
Nothing in the By-law shall exempt any person from complying with the requirements
of any other By-law in force within the limits of the corporation, or from applying for
obtaining any permit, license, permission, authority or approval required by this or any
other By-law or regulation of the corporation or any other lawin force from time to
time.
Section 15.
- As Constructed Plans
151
The Chief Building Officialor appointed designate
may require that a set of plans ofa
building or project or any class of buildings be filed with the Chief Building Official or
appointed designate upon completion of construction under such conditions as may be
prescribed in the Building Code.
Page 5 ot'(y
B_\'--1a\V.\'0.
0709/2020
Section 16.
- Conflict
16.1
In the event of a conflict between this by-law and any amendments
thereto, and any
general
or special By~|aw, legislation or regulation,
the most restrictive legislation,
regulation or other By-law shall prevail.
Section 17 Penalty
17.1
Every person or corporation who contravenes
any provision of this By~law is guilty of
an offence
and upon conviction
under the provisions
ofthe
Provincial Offences
Act, is
liable to a fine and/or other penalty imposed under Section 36 ofthe Act.
Section 18.
-- Repeal
18.1
Any By-laws or amendments
thereto passed
under Section 7 of the Act, or its
predecessor,
are hereby repealed, including By-law 0482/2017.
Section 19.
- Date and Effect
19.1
This By~Lawshall take effect upon final passage
by the Council of the Corporation of
the Township of Addington Highlands
Passed pursuant to three readings thereof on December 15, 2020
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Page 6 aft:
SCHEDULE "A"
TO BY-LAW NO. 0709/2020
TABLE TO BE USED TO DETERMINE ESTIMATED COSTS & BUILDING PERMIT FEE
CLASS OF PERMIT
A.
RESIDENTIAL BUILDINGSISEASONAL
DWELLINGS, APARTMENTS AND
ADDITIONS:
(INCLUDING COTTAGES
& HUNTING CAMPS)
$1.00 PER SQUARE FOOT PER FLOOR
$0.80
PER SQUARE
FOOT OF BASEMENT
AREA
B.
FARMICOMMERCIALIINDUSTRIAL:
$0.60 PER SQUARE FOOT PER FLOOR
C.
GARAGES,
DECKS, PORCHES, ACCESSORY
AND DETACHED BUILDINGS:
$0.50 PER SQUARE FOOT PER FLOOR
RENOVATIONS:
$150.00
+ 2% CONSTRUCTION VALUE
(2% of value, based on $50.00 per square foot for value or builders value
whichever is higher "on all projects")
SWIMMING POOLS:
$150.00
(Private or Public
--
in-ground only)
?"
OCCUPANCY
PERMIT:
$150.00
MINUMUMBUILDING PERMIT FEE:
$150.00
CHANGE OF USE PERMIT:
$200.00
(Where no construction is carried out)
Every application for a change
of use permit issued underthe Act shall contain
suf?cient information to enable the Chief Building O?icialto determine ifit will
conform to the Act, the Building Code and any other applicable law.
PLUMBINGPERMITS:
$100.00 PLUS $10.00 PER FIXTURE
SCHEDULE
TO BY--I.A\\'NO. 0709/2020
i
!"
?'
ON-SITE SEWAGE
SYSTEMS:
$950 CLASS 2 SEWAGE
SYSTEM (GREYWATER
PIT)
$950 CLASS 3 SEWAGE
SYSTEM (CESSPOOL)
$950 CLASS 4 SEWAGE
SYSTEM (LEACHING BED)
$950 CLASS 5 SEWAGE
SYSTEM (HOLDING TANK)
$750 SEPTIC INSTALLATION ONLY
$500 PERFORMANCE REVIEW FOR RENOVATIONS
OR BUILDING
ADDITIONS
$150 RECORD SEARCH
$150 SEWAGE SYSTEM SEARCH (if you are applying for a review of
performance,
this search
is included in that Iee)
REQUESTED INSPECTIONS OR RE-INSPECTION FEE (work
notcompleted
for insgectiomz
$100.00
BUILDINGPERMIT RENEWAL:
$150.00
DEMOLITION PERMIT
$200.00
WOOD BURNING STOVES & CHIMNEY INSTALLATION
$150.00
SOLAR PANELS
(ROOF
MOUNTS ONLY)
$100.00
+ $10.00
PER $1,000 OF VALUE OR ANY PART THEREOF
COMMUNICATIONTOWERS, WIND TURBINES, WALLS, ETC.
$100.00
+ 2% OF VALUE
CONSTRUCTION STARTED
WITHOUT PERMIT:
$400.00
ADMINISTRATION FEE (REVIEW APPLICATION FOR COMPLETION)
$150.00
REFUNDABLE DEPOSITION NEW RESIDENTIAL PROJECT OVER $50,000
IN
VALUE)
$350.00
S('I-IEDULE
"A"' TO BY-LA\\'
NO. 0709/2020
L
DEPARTMENT LETTERS:
$25.00
REFUNDS:
Status
of Permit Application
1. Applica?on
filed.
No processing
or review of
Plans submitted
2. Application filed.
Plans reviewed, initial
inspection conducted
And permit issued
3. Permits valued $5000
or less
Percentage
of Fee
Eligible
for refund
90%
70% less $35.00 per any
Additionalrequired inspections
0%
Page 3 013
SCHEDULE
"B"
Schedule
"B" to By-law No. 0709/2020
Respecting
List of plans or working
drawings
to accompany
applications
for
permits
1.
The Site Plan
2.
Foundation Plans
3.
Floor Plans
4.
Framing Plans
5.
Roof Plans
6.
Reflected Ceiling Plans
7.
Sections and Details
8.
Building Elevations
9.
Electrical Drawings
10.
Heating, Ventilation and air Conditioning Drawings
11.
Plumbing Drawings
NOTE: The Chief Building Officialmay specify that not allofthe above
mentioned
Plans are required to accompany
an application for a permit.
Page 1of 1
SCHEDULE "C"
Schedule
"C" to By-law
No. 0709/2020
Respecting
Forms
The following forms constitute the forms used by the Corporation
of the Township
of Addington Highlands in the administration ofthe
Building Code Act:
Form 1
Application Form
Form 2
Building Permit
Form 3
Change of Use Permit
Form 4
Inspection Report
Page 1 ofl
SCHEDULE "D"
Schedule
"D" to By-law No. 0709/2020
CODE OF CONDUCT FOR THE CHIEF BUILDING OFFICAL AND
INSPECTORS
1. Purpose
(a) To promote
appropriate standards
of behavior and enforcement
actions by the Chief Building Official and Inspectors in the exercise of a
power of the performance of a duty under the Act orthe Building Code.
(b) To prevent
practices,
which may constitute
an abuse of power,
including unethical or illegal practices, by the ChiefBuilding Official
and Inspectors in the exercise ofa power or the performance
ofa duty
underthe
Act orthe Building Code.
(c) To promote appropriate standards
of honesty and integrity in the
exercise of a power or the performance
of a duty under the Act or the
Building Code by the Chief Building Official and Inspectors.
2.
Scope
This policy applies to the Chief Building Official and all appointed
Inspectors.
The Code of Conduct must provide for its enforcement
and include polices
or guidelines
to be used when responding
to allegations that the Code of
Conduct has been breached and disciplinary actions that may be taken if
the Code of Conduct is breached.
3. Contents
Conduct
a) Always act in the public interest, particularly with regard to the
safety and accessibility aspects
of Buildingworks and
structures.
b) Apply all relevant Building laws, codes and standards
in an
impartial, consistent,
fair and professional manner,
independent of any external influence and without regard to
any personal interests.
c) Maintain required legislated
qualifications, discharging all
duties in accordance
with recognized
areas of competency.
d) Extend professional
courtesy to all.
Breaches
of the Code of Conduct
The Chief Building Official willreview any allegations ofbreaches
ofthis
Code of Conduct made against Inspectors. Where the allegations are
against the Chief Building Official, senior management
of the municipality
willreview the allegations.
Disciplinaryaction arising from violations of this Code of Conduct is the responsibility of
the municipal employer and willbe based on the severity and frequency of the violation
in accordance
with relevant employment standards.
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