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The Corporation Of The Township Of Amaranth
By-Law Number 2026-9
Being a By-Law to Provide for the Administration and Enforcement of the Building
Code Act, 1992, SO1992 c.23 with the Township of Amaranth
Whereas lhe Municipal Act, 2001, SO 2001 , c.25, as amended, provides that a
municipality may regulate matters not specifically provided for by the Municipal
Act or any other Act for purposes related to health, safety and well-being of the
inhabitants of the municipality;
And Whereas Subsection 7(1) of the Building Code Act, 1992, SO 1992 c.23, as
amended (the "Act"), authorizes Council to pass certain By-Laws respecting
Building, Demolition, Conditional and Change of Use Permits, lnspections and
charging of permit fees;
And Whereas Subsection 35(1) of the Act provides that the Act and Building Code,
O Reg 332112, as amended (the "Building Code") supersede all municipal By-
Laws respecting the construction or demolition of buildings;
And Whereas Subsection 3(2) of the Act requires Council to appoint a Chief
Building Official and lnspectors as are necessary for the enforcement of the Act;
And Whereas Subsection 7.1(1) of the Act requires Council to establish and
enforce a Code of Conduct for the Chief Building Official and lnspectors;
And Whereas Subsection 3(2) of the act provides that Council shall appoint such
inspectors are as necessary for the enforcement of the Act in which the municipality
has jurisdiction;
And Whereas Subsection 8(3.1 ) of the Act provides that Council may delegate to
the Chief Building Official the power to enter into agreements for conditional
permits as described in clause 8(3Xc) of the Act and may impose conditions or
restrictions with respect to the delegation;
And Whereas for the purposes of enforcement of the Act, in addition to any other
remedies available under the Act or the Building Code, the Township of Amaranth
is authorized to execute limiting distance agreements as provided for in the Building
Code;
Now Therefore, the Council of the Township of Amaranth enacts as follows:
Short Title
1.1 This By-Law may be cited as the "Building By-Law".
Definitions
ln this By-Law;
"Act" means lhe Building Code Act, 1992, SO 1992, c. 23, as amended;
"Applicable Law" - means Applicable Law as defined in Division A 1.4.1.3
of the
Building Code;
"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;
1
2
"Application"- means a submission of plans, documents, prescribed forms,
and fees as described in this by-law for the purpose of permit issuance or
building code compliance review as required by the Chief Building Official.
"Architect"- means an Architect as defined in Division A, Article 1.4.1.2. of
the
Building Code;
"As Constructed Plans" - means As Constructed Plans as defined in
Division A, Article 1.4.1.2. of the Building Code.
"Building" - means a Building as defined in Subsection 1(1) of the Act;
"Building Code"- means the regulations made under Subsection 34(1) of the
Act, being O Reg 332112, as amended or replaced;
"Change of Use" - means a Change of Use as referenced in Subsection
10(1) of the Act;
"Chief Building Official" - means the Chief Building Official, or their designate,
appointed by a By-Law of the Township for the purpose of enforcing the Act;
"Code of Conduct" - shall have the same meaning ascribed thereto in Section
7.1 of the Act;
"Conditional Permit"- means a permit issued for a stage of construction as
approved by the Chief Building Official as described Section 8(3) of the Act.
"Construct" - means Construct as defined in Subsection 1(1) of the Act and
Construction shall have the same meaning;
"Demolish"- means Demolish as defined in Subsection 1(1) of the Act and
Demolition shall have a corresponding meaning;
"Designated Structure" - means structures designated for the purposes of
clause
(d) of the definition of Building in Subsection 1 (1 ) of the Act;
"Farm Building" - means a Farm Building as defined in Division A, Article
1.4.1.2. of the Building Code;
"lnspector" - means an lnspector appointed by a By-Law of the Township for
the purpose of enforcing the Act;
"Owner" - means an Owner as referenced in Division C, Sentence 1.3.1 .2.(3)
of the Building Code;
"Permit" - means written permission from the Chief Building Official to perform
work, to change the use of a building or part thereof, or to occupy a building
or part thereof, regulated by this By-Law and the Act, or to change the use of
a Building, or a part of it, as regulated by the Act;
"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 lawfully transferred;
"Plumbing" - means Plumbing as defined in Subsection 1(1) of the Act;
"Professional Engineer" - means a Professional Engineer as defined in
Division A, Article 1.4.1.2. of the Building Code;
"Sewage System" - means a Sewage System as defined in Division A,
Article
1.4.1.2. of the Building Code; and
"Township"- means the Corporation of The Township of Amaranth
"Zoning" shall mean the zoning regulations established by the.
Any word or term not defined in this By-Law, which is defined in the Act or the
Building Code, shall have the meaning ascribed to it in the Act or the Building
Code, unless context requires otherwise.
Any word or term not defined in this By-Law, the Act, or the Building Code,
shall have the meaning commonly assigned to it in the context in which it is
used.
3.
Classes Of Permits
The classes of permits with respect to Construction, Demolition,
Conditional, Change of Use and Occupancy of a building, or part of it,
include the following:
3.1 Buildino Permit
This Permit is required under Subsection 8(1) of the Act and may
include plumbing, heating, ventilation and air conditioning systems,
farm buildings and designated structures as set out in Division C,
Sentence 1.3.3.5.(1) of the Building Code.
3.2 Demolition Permit
This Permit is required under Subsection 8(1) of the Act.
3.3 Conditional Permit
This Permit may be issued in the discretion of the Chief Building
Official in accordance with Subsection 8(3) of the Act to authorize any
stage of construction, even though all the requirements under
Subsection 8(2) of the Act have not been met, and the power to issue
such Permits is hereby delegated to the Chief Building Official.
3.4 Chanoe of Use Permit
This Permit is required under Subsection 10(1) of the Act when a
change in use of a Building, or part of it, will result in an increase in
hazard as determined under the Building Code even though no
Construction is proposed.
3.5 Occupancv Permit
This Permit is required under Division C, Subsection 1.3.3. of the
Building Code where all or part of a Building will be occupied.
4.
Administrative Procedures Related To Permits
4.1 Notice of Chanse
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 the Permit was issued, must be provided forthwith by the
Applicant in writing to the Chief Building Official together with the
details of such change. The change shall not be made without written
authorization by the Chief Building Official as required under
Subsection 8(12) of the Act.
4.2 Transfer of Permit Applications and Permits
Where the ownership of land changes after a Permit application has
been submitted and fees paid or where a Permit has been issued, the
Applicant for the Permit or the person to whom the Permit was issued,
may submit a request to the Chief Building Official requesting a
transfer of Permit application and fees or the Permit as identified in
Subsection 7(1)(h) of the Act by submitting the following information:
a) the name and address of the person to whom the Permit
application and fees or the Permit are to be transferred.
b) the name and address of any contractors that have changed
from those listed on the Permit application or the Permit;
c) the name and address of Architect(s) and Professional
Engineer(s) responsible for the design and field review of the
Construction that have changed from those listed on the Permit
application or the Permit; and,
d) name and address of the person who paid the Permit fees
4.3 Revocation of Permits
The Chief Building Official, subject to provisions outlined in Subsection
8(10) of the Act, has the authority to revoke a Permit issued under the
Act.
5.
Requirements ForApplications
5.1 Buildinq. Demolition. Conditional and Chanqe of Use Permits
Where an application is made for a Building or Demolition Permit
under Subsection 8 (1) of the Act,'a Conditional Permit under
Subsection 8(3) of the Act, or a Change of Use Permit under
Subsection 10(1 ) of the Act, the application shall comply with
Division C, Sentence 1.3.1.3.(5) of the Building Code and be
complete with documents and other information as required in this
By-Law and the Act.
5.2 Prescribino Forms
The forms required for an application for a Permit, unless otherwise
specified by the Act or Chief Building Official, shall be those forms
as set out in Schedule "A" of this By-Law.
5.3 Plans and Soecifications
Sufficient information shall be submitted with each application for a
Permit to enable the Chief Building Official to determine whether the
proposed construction, demolition or change of use will conform to
the Act, the Building Code, and any otherApplicable Law. Each
application shall, unless othenruise specified by the Chief Building
Official or the Act, be accompanied by working drawings and
information as set out in Schedule "A" of this By- Law.
5.4 Alternative Solutions
Where a person proposed the use of an Alternative Solution as defined
in Division A, Article 1.4.1.2. of the Building Code, the proposal shall:
a)include all documentation requirements as set out in Division C,
Subsection 2.1.1. of the Building Code, and
b) be submitted on the application form as set out in Schedule "A"
of this By-Law.
5.5 lnactive Permit Applications
Where an application for a Permit remains inactive for six (6)
months after it is submitted, the application may be deemed by
the Chief Building Official to have been abandoned and notice
thereof shall be given to the Applicant. Once an application is
deemed to be abandoned, it may be cancelled, and a new
application will be required for the proposed work.
6.
Payment Of Fees
The fees shall be as set out in the Township's Collection of
Fees and Charges By-Law as amended from time to time.
6.2 Fees are due and payable at the time of Application Submission. No
permit will be issued until the fees are paid in full.
6.3 Where the Occupancy of a Building, or part of it, has occurred
without an occupancy Permit being issued as required by Division C,
Articles 1.3.3.1, 1.3.3.4,1.3.3.5. of the Building Code, an
administration fee shall be 20% of the original building permit fee and
not less than the minimum permit fee amount as set out the in the
Township's current Collection of Fees and Charges By-Law, as
amended or replace from time to time, and are due and payable upon
issuance of the Occupancy Permit.
6.4
Where any person has commenced Construction or Demolition, or
has caused the Change of Use of a Building prior to obtaining a
Permit, an administration fee shall be charged double the permit fee
as set out in Township's current Collection of Fees and Charges By-
Law, as amended or replaced from time to time, and is due and
payable prior to the issuance of the Permit.
6.5
For a repeal of an Order, either registered or not registered on the
title of a property, an administration fee shall be charged 50% of the
building permit fee unless an administration fee has been already
applied under 6.3 or 6.4 of this by-law.
The Chief Building Official shall determine fees not described or
included in the Township's current Collection of Fees and Charges
By-Law, as amended or replaced from time to time.
7.
Refunds
7.1
ln 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, as
follows:
a)Seventy percent refund if administrative functions only have
been performed.
6.1
6.6
b) Fifty percent refund if any zoning and plans examination
functions have commenced
7.2
An application for a refund must be made in writing by the
Applicant and submitted within six (6) months of the date of permit
application to be eligible for a refund of any permit fee.
7.3
No permit fee refund shall be made where the calculated permit
refund or the remaining surrendered fee is less than the minimum
fee set out in the Township's current Collection of Fees and
Charges By-Law, as amended or replaced from time to time.
7.4
Fees for Conditional Permits and Alternative Solutions are non-
refundable.
8.
As Constructed Plans
The Chief Building Official may require that As Constructed Plans of a
building be filed with the Chief Building Official on completion of
Construction under such conditions as may be prescribed in the Building
Code and Act.
9.
Notice Requirements For lnspections
9.1
The permit holder or an authorized agent shall notify the Chief
Building Official of the all mandatory notices required under the
Building Code, such as prescribed notices under Division C,
Article 1.3.5.1. and additional notices under Division C 1.3.5.2
(1Xa) (bXc i) (c iii) (h) and (j) of the Building Code, at least two (2)
business day prior to each stage of Construction.
9.2
A notice pursuant to this part of the By-law is not effective until
received by the Chief Building Official.
9.3
Upon receipt of proper notice, the inspector shall undertake a site
inspection of the building to which the notice relates in accordance
with the time periods stated in Division C 1.3.5.3. of the Building
Code and Section 1 1 of the Act.
10. Fences
10.1 All construction and demolition site fencing shall adhere to the
requirements pertaining to public way protection as set out in the
Occupational Health & Safety Acl RSO 1990, c.O.1.
10.2 Where in the opinion of the Chief Building Official a construction or
demolition site presents a particular hazard to the public, the Chief
Building Official may require the erection of fencing around the site. The
fencing shall be erected as per the requirements of 10.1 and the
National Building Code of Canada, as amended.
11. Code Of Conduct
The Code of Conduct for the Chief Building Official and lnspectors, as
required under Subsection 7 .1 (1 ) of the Act, is set out in Schedule "B" of
this By-Law.
12. Appointment Of lnspectors
12.1The power of appointment of inspectors, including the revocation of
appointment, under section 3(2) of the Act, for the purposes of
enforcement of the Act, and anyregulations thereunder is delegated
from the Township of Amaranth's Council to the Chief Building
Official;
12.2 The Chief Building Official must maintain a current list of all
lnspectors, which shall be provided to the Clerk, appointed under
section 3 of the Act for the purpose of enforcement.
12.3 Prior to the appointment of an lnspector, each candidate must hold
the necessary legislated qualification for the position to which they
are to be appointed as described in the Building Code Division C
3.1.4.1.
12.4 lndividuals may be appointed as lntern lnspectors without the
legislated qualifications for the purpose of enrolment in an lntern
lnspector Program as described in the Building Code Division C
3.1.4.3.
13. Limiting Distance Agreements
13.1 For the purposes of enforcement of the Act, in addition to any
other remedies available under the Act or the Building Code, the
Chief Building Official is authorized to execute, on behalf of the
Township of Amaranth, limiting distance agreements as provided
for in the Building Code;
13.2 Limiting Distance Agreements as described in the Building Code
shall contain the criteria as set forth in the Building Code and are
subject to legal review prior to entering into an agreement.
13.3 A GIS mapping record shall be maintained indicating the parcels
of land affected by the Limiting Distance Agreement.
13.4 No Limiting Distance Agreement shall be entered into that would result
in the existing buildings on either side of the agreement in
noncompliance with the Act or the Building Code.
14. Severability
15
Where a court of competent jurisdiction declares any section or part of a
section of this By-Law to be invalid, or to be of no force and effect, it is the
intention of Township's Council in enacting this By-Law that the remainder
of this By-Law shall continue in force and be applied and enforced in
accordance with its terms to the fullest extent possible according to law.
Enforcement And Penalties
15.1
15.2
Any person who contravenes any provision of this By-Law is
guilty of an offence and, upon conviction, is liable to the
provisions and penalties prescribed in the Act.
Every person who hinders or obstructs a person lavufully
conducting the enforcement of this By-law is guilty of an
offence.
ln addition to any penalties imposed through prosecution of an
offence pursuant to this By-Law, the Township is entitled to use
all legal means at its disposal to collect the fees applicable
pursuant to this By-Law. All collection methods lavufully
applicable may be relied upon, including placement of unpaid
fees on the tax collector's roll for the property in question.
15.3
15.4
Every person who is guilty of an offence under this By-law
rTray, if permitted under the Provincial Offences Act, R.S.O.
1990, c. P.33, as amended, pay a set fine, and the Chief Judge
of the Ontario Court of Justice shall be requested to establish
set fines as set out in this By- law.
16. That By-Law 56-2024 is hereby repealed.
This By-Law shall take effect and come into force on the third and final reading thereof
By-law Read a First and Second Time this 21st Day Of January 2026.
By-law Read a Third time and Passed this 21st Day Of January 2026.
Head
Council
CAO/Clerk
Schedule "A"
Required lnformation For Permit Applications
The following are lists of plans, working drawings, information and forms that may be
required to accompany applications for Permits according to the scope of work.
Additional information may be required at the discretion of the Chief Building Official.
1.
Plans And Working Drawings
a) Site Plans
b) Engineered Truss Layout Plans and Truss Components
c) Sections and Details
d) Building Elevations
e) Structural Drawings
0 Mechanical Drawings
g) Building Code Matrix
h) Alternative Solution
i) Floor Plans
j) Roof Plan
l) Architectural Drawings
m) Electrical Drawings
n) Fire System Drawings
o) Travel Distance and Exit capacity drawings
p) Foundation Plans
q) Specifications and All Related Soil, Engineering and Architectural
Reports
r) Plumbing Drawings
1.2 Each application for permit shall, unless othenryise specified by the
Chief Building Official, be accompanied by a completed set of the
plans, specifications, and other documents in electronic .pdf file
format.
1.3 lf applicable, drawings must be sealed by an Architect and/or
Professional Engineer and/or stamped by a qualified/registered
designer.
1.4 All drawings shall be fully dimensioned, noting all sizes and types of
construction materials to be used and their respective locations, all
finishes to all walls, ceilings and floors and all existing and proposed
fire separations. Alterations, renovations, and additions must
differentiate between the existing building and new construction being
proposed. Site plans must include a north arrow, lot lines and existing
easements.
2.
lnformation
2.1
2.2
2.3
3.
Forms
Spatial separation calculations
Fire protection reports
Building Code related reports
Application for a Permit to Construct or Demolish
Application for an Alternative Solution
Commitment to General Reviews by Architects and Engineers
Energy Efficiency Forms (s), i.e. (SB-10 and SB-12)
Mechanical Ventilation Summary Form
MDS I & ll information form
3.1
3.2
3.3
3.4
3.5
3.6
Schedule "8"
Code Of Conduct For Chief Building Official And lnspectors
1. Purpose
1.1
To promote appropriate standards of behavior and enforcement
actions by all Building Department staff in the exercise of a power or
the performance of a duty.
1.2 To prevent practices which may constitute an abuse of power,
including unethical or illegal practices, by all Building Department
staff in the exercise of a power or the performance of duty.
1.3 To promote appropriate standards of honesty and integrity in the
exercise of a power or the performance of duty by all Building
Department staff.
2. Scope
2.1 This policy applies to all Building Department staff
2.2
The Code of Conduct must provide for its enforcement and include
policies 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
3.'1 Conduct
c)
Always act in the public interest.
Apply all relevant laws, codes, and standards in an impartial,
consistent, fair, and professional manner, independent of any
external influence and without regard to any personal interests.
Maintain required legislated qualifications, discharging all
duties in accordance with recognized areas of competency.
Extend professional courtesy to all.
Ensure interactions are in keeping with the Township's corporate
values and associated behaviours.
4
4.1 Lodqinq a Complaint
A complaint must be in writing and must be signed by the person
making the complaint. The complaint may be a letter or an e-mail
4.2 Withdrawal of Complaint
A Complainant may withdraw their compliant at any time; although
the Township may continue to investigate the complaint if deemed
appropriate to do so.
4.3 Confidentialitv
The entire investigation process will be managed in as confidential a
manner as possible by all parties involved. All records are subject to
the provisions of the Municipal Freedom of lnformation and
a)
b)
d
e
)
)
Breaches Of The Code Of Conduct
Protection of Privacy Acl RSO 1990, c. M.56 (.MF|PPA") and may
be subject to disclosure under MFIPPA or by a court of law.
5. Review Of Allegations
5.1 The Chief Building Official will review any allegations of breaches
of this Code of Conduct made against a Building Department staff
member. Where the allegations are against the Chief Building
Official, the Clerk of the Township will review allegations.
5.2
Disciplinary action arising from violation of this Code of Conduct
is the responsibility of the Township and will be based on the
severity and frequency of the violation in accordance with
relevant employment standards.
5.3
The Chief Building Official or Clerk of the Township will provide
written response to the complainant within thirty (30) calendar days
of receipt of the written complaint.
6. Review Of Decision
6.1 Upon receipt of the results of the review, if the complainant is not
satisfied, they may fonarard their concerns to the Clerk of the
Township.