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THE CORPORATION OF THE
TOWNSHIP OF ADELAIDE METCALFE
BY-LAW NUMBER 52 of 2023
A BY-LAW concerning the Issuance of permits for construction, demolition, occupancy,
change of use, on-site sewage systems, conditional permits, inspections, the charging
for permit fees, and other related matters within the Township of Adelaide Metcalfe
Vv'HEREAS:
A Section 3(1) of the Building Code Act, S.O. 1992, c. 23, as amended or replaced, provides
that the municipal Council of each municipality is responsible for the enforcement of the
Building Code Act, S.O. 1992, c. 23, inclusive of its regulations, as amended or replaced
(hereinafter collectively referred to as the "Acf');
B. Section 7 of the Act authorizes the Council of a municipality to pass by-laws concerning the
issuance of permits for construction, demolition, occupancy, change of use, on-site sewage
systems, conditional permits, inspections, the charging for permit fees and other related
matters;
C. Sections 8, 9, and 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended or replaced
(hereinafter referred to as the "Municipal Acn authorizes municipalities to pass by-laws
necessary or desirable for municipal purposes, and in particular, paragraphs 3, 5, 6 and 8 of
subsection 11 (2) authorizes by-laws respecting the financial management of the municipality,
the economic, social, and environmental wellbeing of a municipality, the health, safety and
well-being of persons, and the protection of persons and property.
D Council for the Township of Adelaide Metcalfe (hereinafter referred to as the "Municipality")
desires to provide for the issuance of permits and related matters under the Act, including its
regulations, to obtain sufficient information from applicants to determine compliance with the
Act and applicable laws, for the purpose of providing for the safety and health of the public at
large through compliant construction, demolition and other matters under the Act, and to fix
fees covering the full costs of services provided;
Council for the Municipality deems expedient and in the best interests of public safety to
regulate the construction of pools;
F, Section 391 of the Municipal Act authorizes a municipality to pass by-laws to impose fees or
charges on persons for services provided done by or on behalf of the municipality.
G. Section 425 of Municipal Act provides that a municipality may pass by-laws providing that a
person who contravenes a by-law of the municipality is guilty of an offence;
H. Section 429(1) of the Municipal Act provides that a municipality may establish a system of
fines for by-laws passed by the municipality which are in accordance with and complimentary
with fine provisions set out in other applicable provincial legislation, such as the Act,
Section 36 of the Building Code Act provides a broad framework of penalties for offences,
including without limitation, first-time offences, repeated offences, cases involving
corporations. co11tlnulr19 offenoe:s and norK:omplial'ICe with Chief Bu.ikiing omcia orders,
which provide for maximum penalties of $50,000.00 for a first offence and $100,000.00 for
subsequent offences for persons, and $500,000.00 for a first offence and $1,500,000.00 for
subsequent offences by corporations;
J The Municipality furthers the above noted framework of penalties for offences on a
discretionary enforcement basis through the Provincial Offences Act, R.S.O. 1990, c. P.33,
s.61, as amended or replaced (hereinafter referred to as the "Provincial Offences Act'') by
Municipal By-law Officers, as defined herein, which are 'provincial offences officers" as
defined under the Provincial Offences Act;
K, Subsections 446(1-8) and 432.2(2) of the Municipal Act provide that a municipality may cause
. 1
itself and/or its agents to perform any actions or complete any repairs to remedy the
commission of a by-law offence committed and that a lower-tier municipality may cause any
expense incurred by Itself and Its authorized agents to address the commission of the offence
or any unpaid fine to be added to the tax roll of property by the local municipality where the
land is situate and be collected in like manner as municipal taxes.
NOW THEREFORE the Council of the Township of Adelaide Metcalfe hereby enacts as follows:
. 2
Short Title
This by-law may be cited as the " Building By-law" .
Incorporation of Recitals
The above recitals are hereby incorporated into this By-law.
3.
Definitions
In addition to terms defined in the incorporated recitals to this By-law, the following terms
have the following meanings in this By-law;
3.1
3.1.1
"Act" means the Building Code Act, S.O. 1992. ,Chapter 23. ll"idusive or'
its regulations, as amended or replac~d:
3.1.2
"Architect- means an architect as defined in the Building Code:
3.1.3
- Applicant" means the owner of a property or building, who applies for a
permit or any person authorized by the owner to apply for a permit on
the owner's behalf:
3.1.4
"As constructed plans" means as constructed plans as defined in the
Building Code;
3.1.5
"Building" means a building as defined in section 1.(1) of the Act;
3.t6
' Building Code" means the regulations made under Section 34 of the
Act:
3.1.7
"drainage system" means any:
drainage system, as defined in the Building Code, as amended or
replaced therein, which at the time of passing of this By-law, is an
assembly of pipes, fittings, fixtures, and appurtenances on a property
that sewage and clear water waste to a main sewer or private sewage
disposal system, and includes a private sewer, but does not include
subso/1 drainage piping.
3.1.8
"Chief Building Official" means the Chief Building Official appointed by
The Township of Adelaide Metcalfe for the purposes of enforcement of
the Act.
3.1.9
"Engineer" means a professional engineer as defined in the Building
Code;
3.1.10
"farm building" means a farm building as defined in the Building Code;
3.1.11
"Inspector" means a Building Inspector, Deputy Chief Building Official
and Chief Building Official, appointed by by-law ofTownship of Adelaide
Metcalfe for the purposes of enforcement of the Act:
3.1.12
"Municipal Law Enforcement Officer" means:
i.
a Building Inspector appointed by the Council of the
Municipality
ii.
a Chief Building Official as appointed by the Council of the
Municipality;
iii.
a Deputy Chief Building Official as appointed by the Council of
the Municipality;
. 2-
lv.
a by-law enforcement officer appointed by Municipality whose
responsibilities include the enforcement of this By-law;
v
a police officer; and
w
any other officer, employee or agent of any municipality or any
local board of any municipality whose responsibilities Includes
the enforcement of this By-law;
each of whom are "provincial offences officers', as defined in
the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended
or replaced.
3.1.13
"owner" means the person registered as the owner on title to the land,
and includes a person who has the right under an agreement or statute
to carry out demolition or other work under a permit as if he/she were
the registered owner
3.1.14
"Municipality" means the Township of Adelaide Metcalfe
3.1.15
"Permit" means written permission or authorization from the Chief
Building Official to perform work regulated by the by-law and the Building
Code Act;
3.1.16
"plumbing" has the same meaning as defined in section 1(1) of the Act
and the Building Code, as amended or replaced therein, which at the
time of passing of this By-law is a drainage system, venting system, and
a water system or parts thereof,
3.1.17
"prescribed forms" means forms prescribed and made available by the
Ministry of Municipal Affairs and Housing. These forms include: Building
permit applications, Schedules 1, 2 and Orderforms;
3.1 .18
"remote inspections- means the conducting of an inspection, listed in
Schedule "A" attached to this By-law, by an Inspector by viewing
information provided from a third party rather than personally attending
a construction site;
3.1.19
"Required Connections" means the required connections set out in
subsection 9.31.3.2 (1) of the Building Code, as amended or replaced
therein, which at the time of the passing of this By-law, is in a dwelling
unit with a water distribution system, piping for hot and cold water shall
be connected to every kitchen sink, lavatory, bathtub, shower, slop sink
and laundry area.
3.1.20
"sewage" has the meaning of sewage, as defined in the Building Code,
as amended or replaced therein, which at the time of passing of this By-
law, is sanitary sewage or stonn sewage as defined in the Building Code.
3.1.21
"sewage system· has the meaning of sewage system, as defined in the
Building Code, as amended or replaced therein, which at the time of
passing of this By-law, is:
l'l} a chemical toilet, an incinerating toilet, a recirculating toilet, a
self-contained portable toilet and all forms of privy, including a
portable privy, an earth pit privy, a pail privy, a privy vault and a
composting toilet system,
b) a greywater system,
c) a cesspool,
d) a leaching bed system, or
e) a system that requires or uses a holding tank for the retention of
hauled sewage at the site where tt is produced before its
collection by a hauled sewage system;
where these,
have a design capacity of 10,000 litres per day or less,
if,
have, in total, a design capacity of 10,000 lttres per
day or less, where more than one of these are located
on a lot or parcel of land, and
iii.
are located wholly within the boundaries of the lot or
- 3 £
parcel of land on which is located the building or
buildings they serve.
3.1.22
"Surface Drainage" means the requirements set out In subsection
9.14.6.1 (1) of the Building Code, as amended or replaced; and
3.1.23
"swimming pool" shall mean any structure, basin, chamber or tank
capable of containing an artificial body of waterwilh a depth greater than
60 centimetres (24 inches), and which is used for swimming, diving or
recreational bathing;
J-2
Terms not defined in this by-law shall have the meaning ascribed to them in the
Act or the Building Code, as amended or replaced.
4-
Classes of Permits
The following classes of permits exist within the Municipality:
4 1
Building (constructjon) Permit
This permit is generally used for all types of new construction governed by the
Building Code, including (but not limited to) renovation, farm buildings and signs.
4.2
Pftmolitron Permit
This permtt 90.'ems bofri the wpe and melhOd of demolition und
the Building
Code.
4.3
Swimming P'oo1 PIOOX!it
This plfrmil governs the lns.t-alla.tlon/ctlrn.1rucllon of swimming pools In order lO
confirm that pool location and fencing meet the by-laws of the Municipality.
Swimming Pool Permits will be required for all pools with the exception of
inflatable pools with a maximum depth capacity of 1.2 metres of water or less.
'1.
Conditional Permit (Section 8(3) of the Act}
This permit may be issued at the discretion of the Chief Building Official to
authorize any stage of construction, even though all of the requirements under
Subsection 8(2) of the Act have not been met.
'1.5
Change o( Use Permit (Section_ 10/1) of the Act
This permit is used where a change in use resulting in an increase in hazard (as
determined under the Building Code) will take place, even though no construction
is proposed.
4 ,G
Sewage Systs~t
Th s permit is ussd for all sewage s~tem applicatioris, lii~I lng new sy&tems: and
the repair of existing sewage systems.
Rim qn.JQ Pthrmit
After the issuance of a permit, notice of any material change to a plan, specification,
document or other information on the basis of which the permit was issued, must be given
in writing to the Chief Building Official - any such change is not to be made without written
authorization from the Chief Building Official.
6,
&dcation ro:c pa-rmit
7
6, I
No person shall construct, demolish, or cause to be constructed or demolished a
building or swimming pool, within the municipality, unless a permit has been
issued for the construction or demolition by the Chief Building Official.
6 2
To obtain a permit, the owner, or agent authorized in writing by the owner, shall
submit the prescribed application form to the Chief Building Official in hard copy
or through an on line electronic version acceptable to the Chief Building Official. A
complete application shall include the completion of the prescribed form, along
with information outlined within section six (6) of this By-law. The same prescribed
form shall be used for all permit applications.
El\lil(ling D;pnstruct1onsl Dernoli\i9n, Swimming 1~001, Cor,d1tmr,al, SE>wage System.and
C,hange oftJse P~rm)l§
Every application for a permit shall be submitted either through the online application
system or by paper using the prescribed form, and shall contain the following information
for the application to be considered as a complete application:
7,
Where an application is made for a building (coostrnc:twn} pemli! under
Subsection 8(1) of the Act, the application shall:
7.1. 1
Identify and describe in detail the work and occupancy to be covered by
the permit for which application is made;
7.1.2
Describe the land on which the work is to be done, by a description that
will readily identify and locate the building lot;
7.1.3
Include complete plans and specifications as described in section 9 and
10 of this By-law for the work to be covered by the permit, and show the
occupancy of all parts of the building;
7. 1.4
State the valuation of the proposed work including materials and labour;
7. 1:.5
State the names, addresses and telephone numbers of the owner,
architect or engineer, where applicable, or other designer or constructor;
7.1.6
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 as described in the regulations where required under
the Act or Building Code;
7.1 . 7
Be signed by the owner or his or her authorized agent who shall certify the
truth of the contents of the application;
7.1.8
Be accompanied by a completed Schedule 1 prescribed form; and
7.1.9
Be accompanied by an Energy Efficiency Oesign Summary form as
provided in Schedule "C" to this By-law.
7.2
Where an application is made for a demolition permit under Subsection 8 (1) of
lhe, Act, lM appllcalio.n shall;
7 .2...1
contain the lnrormalioo ,squired by Sectlon 6.1.t t!l S, 1.S abov~;
7 -2.2 be ac{:Ompanied by sathifacl.OfY p-toof that artaf)3ernents ha~e bslttl maire
wfth tile proper a.uth.o!ities (or the ,rutting o'ff aro/or plugg flg ofall water,
seiwer, gas, elecule, lakl,J}hona or olher ulililies and services;
7.2.3 be aocomp.,mied by 8Vlden.-ce that the demo
n will be overseen by
qualified lndMd1Jats wlien such Is requited ~y ttr.e 13d !dins Code, and
7.2.4
describe U,e me,thorl of demofi on, Including 1be- rnethcds. of ofs.cilrding
waste material and location of where waste material is to be taken.
i.3
Where an application is made for a swimming pool permit, the application shall:
7.3.1 contain the information required by section 6.1.1 to 6.1.8 above;
7.3.2
contain a site plan based on safety (Municipal Act) jurisdiction indicating:
-
proposed swimming pool and any concrete decking locations;
1
the location of any related pool equipment;
the grading on the property. For swimming pools in residential areas,
the site plan shall Include drainage system, grading and drainage
specifications stamped by a professional engineer, confirming that
the proposed drainage and grading complies with sound engineering
design.
that the fencing of the pool area will comply with the municipality's
pool fencing requirements.
7.3.3
Swimming Pool Permits will not be required for inflatable pools with a
maximum depth capacity of 1.2 metres of water or less or for hot tubs with
lockable covers.
7.4
Where an application is made for a conditional permtt under Subsection 8(3) of
the Act, the application shall:
7.4.1
contain the information required by 6.1.1 to6.1.8 above;
7.4.2
contain such other information, plans and specifications concerning the
complete project as the Chief Building Official may require;
7.4.3 state the reasons why the applicant believes that unreasonable delays in
construction would occur if a conditional permit was not to be granted;
7.4.4
state the necessary approvals which must be obtained in respect of the
proposed building and the time in which such approvals will be obtained;
and
7.4.6
state the time in which plans and specifications of the complete building
will be filed with the Chief Building Official.
; S
Where an application is made for a conditional permit under 8(3) of the Act, the
owner shall enter into a written agreement with the municipality prior to the
- 5-
issuance of the permit.
7.fi
Where an application is made for a sewage system permit under Subsection 8(1)
of the Act, the application shall:
7.6.1
Contain information required by 6.1 .1 to 6.1.8 above;
7.6.2
Include the name, address, telephone number and Building Code
Identification Number (B.C.I.N) of the person installing and designing the
sewage system;
7.6.3
Contain a site evaluation, as described in the Building Code and a sewage
system design, to be prepared by a qualified engineer. At the discretion of
the Chief Building Official, this evaluation may be conducted by the
homeowner or licensed sewage system contractor;
7.6.4
Be accompanied by a completed Schedule 2 prescribed form;
7.7
Where an application is made for a change of use permit under Subsection 10
( 1) of the Act, the application shall:
7.7.1
Contain information required by 6.1.1 to 6.1.8 above;
7.7.2
Identify and describe in detail the current and proposed occupancies of
the building or part of a building for which the application is made, and
which contain sufficient information to eslablish compliance with the
requirements of the Building Code, including: floor plans, details of waif,
ceiling and roof assemblies identifying required fire resistance ratings and
load bearing capacities, and sewage system impads (if applicable)
8
Oocupml!CY Pe1mlt
Where the requirements of the Building Code with respect to occupancy have been met,
an occupancy permit shall be issued by the Chief Building Official or a person designated
by the Chief Building Official
81
No person shall occupy, or permit the occupancy of a buftding or parts thereof
until an occupancy permit authorizing the occupancy of the said building has been
issued.
Where an application for a permit or for authorization to make a material change to a plan,
specification, document or other information on the basis of which a permit was issued,
contains an equivalent material, system or building design for which authorization under
Section 9 of the Act is requested, the following information shall be provided:
9.1
A description of the proposed material, system or building design for which
authorization under Section 9 is requested;
9.2
Any applicable provisions of the Building Code; and
9 J
Evidence that the proposed material, system or building design will provide the
level of performance required by the Building Code.
10.
Plans and Specifications
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. The permit applicant shall illustrate that sewage and Surface Drainage does not
negatively impact any neighbouring or receiving property. Each application shall, unless
otherwise specified by the Chief Building Official, be a complete set of the plans and
specifications required under this By-law. Plans shall be drawn to scale in a digital format,
shall be legible, and without limiting the generality of the foregoing, shall include:
Site plan, as outlined in section 11 of this By-law;
b) Floor plans, for each level, whether finished or unfinished, to include the % of
windows on each exterior wall;
~} Foundation plans;
ai Framing plans;
,e) Roof plans, including truss drawings stamped by an engineer and layout drawings
signed by the building's designer as being reviewed;
I)
Reflected ceiling plans;
g) Sections and details;
h) Building elevations;
i)
Electrical drawings;
J)
Heating, ventilation and air conditioning, including heat loss calculations
k One or more of the following to ensure appropriate plumbing and Surface
Drainage at the discretion of the Chief Building Official:
I.
:,;ito sewioifll,!I plan prepared by a prol'esa!o:iat engiieer,
Ii.
overall grading p1an prepared and s,tamp@d by a profe$Siom1I
engineer which shall include details of the entire property on which the
proposed structure may be permitted and lands beyond the property line;
iii.
a drainage system plan/report prepared
and stamped by a
professional engineer;
I)
geotechnical reports to ensure appropriate design offootings;
m) hydrogeological reports to ensure adequate water supply for the building and
meeting of Required Connections by the Building Code, as amended ore
replaced;
n) sewage system drawings; and
o) any other more specific plans the Chief Building Official deems to be required to
accompany an application for a permit, at his or her discretion;
all to the satisfaction of the Chief Building Official for a building permit to be deemed
completed. The Chief Building Official may at his or her discretion, specify that not all the
above mentioned plans are required or that other more specific plans be required to
accompany an application for a permit.
11.
The Site Plan
Site plans based on Act and safety (Municipal Act) jurisdiction may be requested to
reference an up-to-date survey be provided by an applicant to the Chief Building Official
in order to demonstrate compliance with the Act, the Building Code, other applicable law,
or safety regulations.
Site Plans shall show:
a lot size and the dimensions of the proposed building/swimming pool, including
setbacks to property lines and any other existing or proposed buildings;
b existing and finished sewage system, plumbing, Required Connections, Surface
Drainage (including without limitation, ground levels, and grades); and
c, if required by the Chief Building Official, a foundation and/or lot grading plan
prepared by a professional engineer or by an Ontario Land Surveyor and certified
by a professional; and
d, existing rights-of-way, easements and municipal services
12.
13,JUdirq Oert#ipaUoa
12.1
The Chief Building Official may request that a professional engineer or an Ontario
Land Surveyor, at the footing and/or foundation stages of construction of a
structure, certify that the elevation or location of the building are in general
conformity with the Building Code and the approved grading plan.
12.2
The Chief Building Official may request that a professional engineer or Ontario
Land Surveyor, at completion of construction, certify that the final building and
ground elevations are in general conformity with the approved plan
13.1
Fees for a permit shall be as set out in the Municipality's in force Fees By-law
(which is updated on an annual basis by the Municipality) and are to be paid in
full prior to the issuance of a permit. The collection, reporting, changing and
administration of fees shall be in accordance with the Act and Municipal Act, as
applicable.
13..2
Where fees payable in respect of an application for a permit are based on a floor
area, floor area shall mean the total finished floor space of all stories subject
application,
13.3
Where fees payable in respect of an application for a permit are based on a floor
area for an unfinished building, such as a garage or drive shed, floor area shall
mean the total area of the subject building.
14.
B.~~d~
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 "B" attached to and forming part of this by-law.
15.
Notice Requirements for Inspections
16,
The owner or an authorized agent shall notify the Chief Building Official, at least one
business day, prior to each stage of construction for which notice in advance is required
under the Building Code and Schedule "A" of this By-law
At the discretion of an Inspector, an inspection may be conducted as a remote inspection
when the Inspector may not be able to attend a construction site to do an inspection in
person. The form of a remote inspection may take various forms including the exchange of
pictures, videos, live video calls, or other forms of technical media, which may satisfy an
inspector who is In communication with a builder or contractor.
17
A§ Cg.ns uoted Plans
The Chief Building OffL1Jial may re.quire lhal a set ll'f as constructed p1an.s ror eny class of
building be filed with the Chief Building Official upon completion of construction.
If so directed by the Chief Building Official, the following are provisions concerning fences
to be erected and maintained during construction authorized by a permit
18.1
The person to whom a building permit is issued in respect of construction which
will take place at a construction site shall erect or cause to be erected and
maintained a fence enclosing the construction site in accordance with the
provisions of this by-law.
18.2
Where there is fencing on or adjoining a construction site prior to the application
for a building permit in respect of that site, such fencing may be deemed to be in
compliance with this by-law provided it is extended along the entire perimeter of
the construction site as determined by the Chief Building Official and the
extended fencing is erected in accordance with this By-law.
18.3
The height of every fence required by section 18 of this by-law shall be a
minimum of 4 feet (1 .2 metres) and a maximum of 6 feet (1 .8 metres) in height,
to be measured from the highest adjacent grade.
18.4
The materials used in construction of a fence required under section 18 of this
by-law shall be of sound and durable material able to withstand up to 250
pounds applied vertically at any point, and fastened/supported appropriately.
Transf;er of Permils_
Permits are transferable only upon the new owner completing a permit application to the
requirements of Section 5 of this by-law and in accordance with the Act.
20
Order by Inspector or Chief Building Official
21
22.
Orders may be issued under the authority of the Act and this by-law by an Inspector or
Chief Building Official in order to ensure compliance with the Act, Building Code or this
By-law.
20.1
No person shall remove an order posted by an Inspector or Chief Building Official.
20.2
No person shall fail to comply with a term of an order.
20.3
No person shall perform or permit any actions in the construction or demolition of
a building in which a stop work order has been issued.
Enforcement
21 .1
An officer may enforce the provisions of this by-law.
Offences, Penalties, and Enforcement
22 1
Any person or corporation who contravenes any provision of this By-law is guilty
of an offence, and upon conviction in a Part I proceeding under the Provincial
Offences Act, shall be liable for a fine as set out as set out in Schedule -o·, Set
Fines, to this By-law.
22,2
Any person or corporation who contravenes any provision of this By-law is guilty
of an offence, and upon conviction in a Part Ill proceeding under the Provincial
Offences Act, shall be liable for a penalty in accordance with section 36 of the Act,
which provides for maximum penalties of $50,000.00 for a first offence and
$100,000.00 for subsequent offences for persons, and $500,000.00 for a first
offence and $1,500,000.00 for subsequent offences by corporations, exclusive of
costs.
22-3
In addition to subsections 21 .1 and 21.2 above, every person (individual or
corporation) who fails to comply with an Order made by a Chief Building Official
under the authority of the Act (as set out in section 19 of this By-law) is guilty of
an offence, which is hereby designated a 'continuing offence' pursuant to section
429(2)(a) of the Municipal Act for each day the order has not been complied with.
In the event the Municipality furthers enforcement of this offence of failure to
comply with an Order through a By-law prosecution commenced under Part Ill of
the Provincial Offences Act, in addition to the penalties in section 36 of the
Building Code Act, the offender upon conviction, is liable to a fine of not more than
$10,000.00 per day for every day the offence continues after the time given for
complying with the order has expired.
22.4
As set out in section 431 of the Municipal Act, and in addition to any other
enforcement, remedy or penalty provided for in this By-law, where a conviction has
been entered in Part Ill proceedings under the Provincial Offences Act, the court
which enters the conviction and/or any court of competent jurisdiction thereafter
may make an order prohibiting the continuation or repetition of the offence by the
person (individual and/or corporation) convicted.
23
Seyer sbi 11\1
23.1
In the event that any provision or part or this By-Law is found to be invalid or
unenforceable for any reason whatsoever, then the particular provision or part
thereof shall be deemed to be severed from the remainder of the By-Law and all
other provisions or parts thereof shall remain in full force and shall be valid and
enforceable to the fullest extent permitted by law.
2
~d
By-laws & Force in Effect
24.1
That By-law Number 69 of 2011, passed by the Council of Adelaide Metcalfe on
the 16th day of January, 2012 be hereby repealed upon final approval of the
applicable set fines and short form wordings for this by-law by the Chief Justice
or regional senior judge of the Ontario Court of Justice in accordance with
subsection 91.1 of the Provincial Offences Act.
25.
gode gr Condud
25.1
The code of conduct and associated policies as required under section 7.1 of the
Act are set out in Schedule "D" of this by-law
rrl
READ a FIRST, SECOND AND THIRD TIME and FINALLY PASSED on this /IJ day of
September, 2023
, 10 ,
SCHEDULE "A II
TO BY-LAW NUMBER 2023-52
R;OUiBEP I spE:GTION
The Chief Building Official shall be given one business day notice for 1he following
inspections:
2
3.
4
!t
6
7.
8,
$.
10.
11
12.
13.
14.
15.
16
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18
E~cayelfon
Footings - prior to pouring concrete
Sewage system - excavation
Water service - connection and pressure test before backfill
Storm - Private Drain Connection - piping material and test before backfill
Sanitary P.D.C. - piping material and test before backfill
Foundation - drainage layer, dampproofing, drainage tiles, stone layer support- before
backfill
Framing - inspection of walls, floors, roof, bracing, exterior cladding, etc. before work is
covered by insulation, drywall, etc.
Plumbing - basework, upper/lower rough-ins, final tests
Insulation / vapour Barrier/Air Barrier - prior to covering
Heating and ventilation - rough-in
Sewage system - completion of installation before backfill
Occupancy - prior to occupancy of any part of a residential building
Final building - upon substantial completion of building and prior to occupancy of any
building
Final - Septic System - prior to backfilling system and also prior to use of sewage
system
Final - pool - upon Completion of fencing and no later than seven days after pool has
been filled
Solid Fuel Burning Appliances - including construction of flue, chimney and hearth
Other inspections - prior to any other inspections as may be noted on the building
permit or required by the Building Code (such as, but not limited to fire separations and
closures and fire protection systems)
SCHEDULE "B"
TO BY-LAW NUMBER 2023-52
§W,11.1s of Perm)! Appliqatioo
~
2..
3.
Application Filed
No processing or review
of plans submitted
Application Filed.
Plans reviewed and
permit issued
Additional deduction from
number 2 above for each
field inspection
Permits with fees of
$200.00 or less
1?.
P@rpen!.aga of Fee Eligible for
90-100%
60 - 70%, but not less than
$200.00
10%
SCHEDULE "C"
TO BY-LAW NUMBER 2023-62
1.
Energy Efficiency Design Summary
2.
Occupancy Permit
3.
Schedule One
4.
Schedule Two
5.
Demolition Acknowledgement Sheet
13
SCHEDULE "D"
TO BY-LAW NUMBER-2023-52
CODE OF CONDUCT FOR BUILDING OFFICIALS
Preant!,le
The Code of Conduct applies to the Chief Building Official and Inspectors appointed under the
Building Code Act in the exercise of a power or the perfonnance of a duty under the Building
Code Act of the Building Code.
~
The purpose of the code of conduct is to promote appropriate standards of behavior and
enforcement actions to ensure that building officials apply standards of honesty and integrity,
and to prevent practices constituting an abuse of power, including unethical or illegal practices.
Standards of Cgndug
Building Officials shall undertake;
To always ect in the public interest. particularly with respect to the safety of buildings
and structures.
2. Not to act where there may be, or where there may reasonably appear to be, a conflict
between their duties to their employer, their profession, their peers, the public at large
and their personal interests.
3
To apply known relevant building by-laws, codes, and standards appropriately and
without favour.
4
To perform their duties impartially and in accordance with the highest professional
standards.
,:,
At all times to abide by the highest moral and ethical standards, and to avoid any
conduct which may bring Building Officials into disrepute.
B To comply with the provisions of the Building Code Act, the Ontario Building Code, and
other Acts or Laws which regulate or govern Building Officials or their functions.
7. Not to act beyond their personal level of competence or outside their area of expertise.
8. To maintain current accreditation to act as an Ontario Building Official.
0.
To extend professional courtesy to all.
Breaches of the Code of Conduct
The Ontario Building Code Act provides that the perfonnances of Building Officials will be
measured against this Code of Conduct. The Municipal Administration will review allegations
brought forward, in writing, that the Code of Conduct has been breached. Disciplinary action
arising from violations of this Code of Conduct is the responsibility of the Municipality, and will be
based on the severity and frequency of the violations in accordance with relevant employment
standards.
1 -
ITEM
1,
2..
3.
111
$.
6.
1
SCHEDULE "E"
TO BY-LAW NUMBER 2023-52- BUILDING BY-LAW
SET FINES
PART I PROVINCIAL OFFENCES ACT
COLUMN 1
COLUMN 2
SHORT FORM WORDING
PROVISION
CREATING
OR
DEFINING
OFFENCE
Construct building without permit
Section 6.1
Construct swimming pool without permit
Section 6.1
Demolish building without permit
Section 6.1
Occupy without oc'clJpancy permit
Section 8.1
Remove posted order
Section 20.1
~Fail to comply with an order
Section 20.2
Fail to comply with a stop work order
Section 20.3
COLUMN 3
SET FINE
$500.00
$500.0_0 _
_
$500.00
$700..00 -
$300.00
~OD.OU
$1,000.00
THE PENAL TY PROVISION FOR THE OFFENCES CITED ABOVE IS SECTION 22 OF
BY-LAW NUMBER 2023-52, A CERTIFIED COPY OF WHICH HAS BEEN FILED.
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