By-law No. 2023-15 (Building By-Law)

Baldwin, Ontario · No. 2023-15 · adopted 2023-06-12 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 0295c59581c7 · verified 2026-09-25 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Page 1 of 14 THE CORPORATION OF THE TOWNSHIP OF BALDWIN BY-LAW NO. 2023-015 Being a By-law Respecting Construction, Demolition, Change of Use Permits and Inspections and to rescind by-law 748 WHEREAS pursuant to the Building Code Act, as amended, the Lieutenant Governor in Council has established a Building Code which is in force throughout Ontario to regulate all construction, demolitions, extensions, material alterations and changes of use with respect to buildings, for which the Council of the Corporation of the Township of Baldwin has appointed a Chief Building Official and such inspectors for the proper administration of the said Building Code. AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, Chapter 23, empowers Council to pass certain by-laws respecting construction, demolition and change of use permits and inspections. AND WHEREAS Council deems it expedient to make amendments to the fee schedule "A" of By- law 748 as amended by By-law 2023-15; NOW THEREFORE the Corporation of the Township of Baldwin ENACTS AS FOLLOWS: 1.0 SHORT TITLE This By-law may be cited as the "Building By-Law". 2.0 DEFINITIONS 2.1 In this by-law, "Act'' means the Building Code Act, 1992, S.O. 1992, Chapter 23 as amended. "Applicant'' means the owner of a building or property who applies for a permit or any person authorized by the owner to apply for a permit on the owner's behalf, or any person or corporation empowered by statute to cause the demolition of a building or buildings and anyone acting under the authority of such person or corporation. Page 2 of 14 "As constructed plans" means as constructed plans as defined in the Building Code. "Architect'' means a holder of a license, a certificate of practice, or a temporary license under the Architect's Act as defined in the Building Code. "Building'' means a building as defined in Section 1 (1) of the Act. "Building Code" means the regulations made under Section 34 of the Act. "Chief Building Official" means the Chief Building Official appointed by by-law of the Corporation of the Township of Baldwin for the purpose of enforcement of the Act. "Construct'' means to do anything in the erection, installation, extension or material alteration or repair of a building and includes the installation of a building unit fabricated or moved from elsewhere. "Corporation" means The Corporation of the Township of Baldwin. "Demolition" means to do anything in the removal of a building or any material part thereof "Farm building'' means a farm building as defined in the Building Code. "Permit" means written permission or written authorization from the Chief Building Official to perform work regulated by this by-law and the Act, or to change the use of building or part of a building or parts thereof as regulated by the Act. "Plumbing'' means plumbing as defined in Section 1 (1) of the Act. "Prescribed value" means, as determined by the Chief Building Official, the value of construction of a proposed building or designated structure including the total value of all work, labour, equipment, overhead, services and materials in respect of its construction and of all professional and related services. "Professional engineer'' means a person who holds a license or a temporary license under the Professional Engineer's Act, as defined in the Building Code. "Sewage system" means a sewage system as defined in Section 1 (1) of the Act. "Shipping container" means a building when it is no longer used for the shipping of freight, is placed on a property either temporarily or permanently, is used for storage, or is used for any shelter or occupancy. Page 3 of 14 "Truck trailer unit'' means a building when it is no longer used for the shipping of freight, is placed on a property either temporarily or permanently, is used for storage, or is used for any shelter or occupancy. 2.2 Terms not defined in this by-law shall have the meaning ascribed to them in the Act or the Building Code. 3.0 PERMITS 3.1 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 forth in Schedule "A" appended to and forming part of this By-Law. 3.2 Building Permits Where application is made for a construction permit under Subsection 8(1) of the Act, the application shall: 1) use the provincial application form, "Application for a Permit to Construct or Demolish"; and 2) include complete plans and specifications, documents and other information as required by Article 2.4.1.1B of the Building Code and as described in this by-law set forth in Schedule "B" for the work to be covered by the permit. 3.3 Demolition Permits Where application is made for a demolition permit under Subsection 8(1) of the Act, the application shall: 1) use the provincial application form, "Application for Permit to Construct or Demolish; and 2) include complete plans and specifications, documents and other information as required by Article 2.4.1.1B of the Building Code and as described in this by-law set forth in Schedule "B" for the work to be covered by the permit. 3.4 Conditional Permits Where application is made for a conditional permit under subsection 8(3) of the Act, the application shall: 1) use the provincial application form, "Application for Permit to Construct or Demolish; and 2) include complete plans and specifications, documents and other information as required by Article 2.4.1.1B of the Building Code and as described in this by-law set forth in Schedule "B" for the work to be covered by the permit. 3) state the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted; Page 4 of 14 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 5) state the time in which plans and specifications of the complete building will be filed with the Chief Building Official. 3.5 Partial Permits When in order to expedite work, approval of a portion of the building or project is desired prior to the issuance of a permit for the complete building or project, application shall be made and fees paid for the complete project. Complete plans and specifications covering the portion of the work for which immediate approval is desired shall be filed with the Chief Building Official. 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. 3.6 Change of Use Permits Every application for change of use permit issued under subsection 10(1) of the Act shall be submitted to the Chief Building Official and shall: 1) describe the building in which the occupancy is to be changed, by a description that will readily identify and locate the building; 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; 3) include plans and specifications showing 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 identifying required fire resistance ratings and load bearing capacities, details of existing "sewage systems", if any; 4) be accompanied by the required fee; 5) state the name, address and telephone number of the owner; and 6) be signed by the owner or his or her authorized agent who shall certify-the truth of the contents of the application. 3.7 Equivalents 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: 1) a description of the proposed material, system or building design for which authorization under section 9 of the Act is requested; 2) any applicable provisions of the Building Code; and 3) evidence that the proposed material, system or building design will provide the level of performance required by the Building Code. Page 5 of 14 4.0 ADMINISTRATIVE PROCEDURES RELATING TO PERMITS 4.1 Revision to Permit 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 given in writing, to the Chief Building Official together with the details of such change, which is not to be made without his or her written authorization. 4.2 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. 4.3 Permit Application To obtain a permit, the owner or agent authorized in writing by the owner shall file an application in writing by completing a prescribed form available from the Chief building Official, the Building Code website at https://files.ontario.ca/mmah_1/mmah-building- development-application-for-a-permit-to-construct-or-demolish-2014-en-2021-11-01.pdf or the Municipal website www.baldwin.ca. Forms prescribed by the Corporation under clause 7(1)(f) of the Act shall be set out in Schedule "C' to this By-Law. 4.4 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 to 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 plans and specifications required under this by-law. Plans shall be drawn to scale on paper, or other durable material, shall be legible and, without limiting the generality of the forgoing, shall include such working drawings as set out in Schedule "B" to this By-Law unless otherwise specified by the Chief Building Official 4.5 The Site Plan Site plans shall be referenced to an up-to-date survey and, where required to demonstrate compliance with the Act, the Building Code or other applicable law, a copy of the survey shall be submitted to the Chief Building Official. Site plans shall show: 1) Lot size and the dimensions of the property lines and setbacks to any existing or proposed buildings; 2) Existing and finished ground levels or grounds; 3) Existing rights-of-way, easements and municipal services; 4) Proposed fire access routes and existing fire hydrant locations; and Page 6 of 14 5) Location and dimensions of existing or proposed onsite sewage systems. 4.6 Payment of Fees 1) Fees for a required permit shall be as set out in Schedule "A" to this by-law and are due and payable upon submission of an application for a permit. Where there are fees payable in respect of an application for a partial permit or a conditional permit, fees shall be paid for the complete project. 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 prescribed value of the proposed work, such value shall be as defined in this by-law. 2) For additions, renovations, change of use or new construction over 300 sq. ft. a deposit fee will be added to the permit fee. This fee will be refunded once the final occupancy has been granted unless, under the direction of the Chief Building Official, the deposit is to be used to cover the following: a) site clean-up b) road clean-up or repair c) drainage ditch clean-up d) municipal storm sewer clean-up e) re-instatement of municipal services After verification by the Municipal Official as to contractor's discharge of duties in relation to reason for deposit request, such deposit shall be returned. In the event municipal employees are required to restore or clean up or re-instate municipal properties or services, such costs or portion of costs shall be deducted from the deposit fee and the balance refunded. If a request for final inspection is not received, this deposit fee shall be forfeited by the applicant within 24 months from the date of the issuance of the permit. 3) Permit Fees shall be doubled if construction has started before the permit is issued. Payment of double fees will not relieve any person or corporation from: a) Fully complying with the Ontario Building Code; or b) Any penalty prescribed in the Act for starting or proceeding with work prior to obtaining a construction permit. · 4.7 Refunds 1) In the case of withdrawal of an application or abandonment of all or a portion of the work or the non-commencement of any project, and upon written request, the Chief Building Official shall determine the amount of paid permit fees that Page 7 of 14 may be refunded to the applicant, if any, in accordance with Schedule "A' attached to and forming part of this by-law. 2) Except as provided above, there shall be no refund of permit fees where a permit has been revoked or transferred. 5.0 NOTICE REQUIREMENTS FOR INSPECTIONS 5.1 Prescribed Notices for Inspections A person to whom a permit is issued shall give notice of readiness for inspection to the Chief Building Official. Such notice shall be given in accordance with the provisions of the Building Code for all mandatory inspections listed in the Building Code under Section 2.4.5. 5.2 Improper Inspection Calls At the discretion of the Chief Building Official where the owner and/or agent gives notice for a specific inspection of any building, lot or parcel of land and the inspection cannot be properly carried out due to unfinished work, or the inspection is broken down to excessive site visits due to phasing of the project, or the inspection is requested to be performed outside of the regular office hours of the Corporation, the owner shall be responsible for all of the Corporation's costs relating to the inspection. Such costs shall be termed "Inspection Fee" and shall be paid to the Treasurer of the Corporation on demand. 6.0 PESCRIBED FORMS The forms prescribed for use as applications for permits, for orders and for inspection reports shall be as set out in Schedule "C' to this by-law. 7.0 AS CONSTRUCTED PLANS The Chief Building Official may require that a set of plans of a building or any class of buildings as constructed be filed with the Chief Building Official on completion of construction under such conditions as may be prescribed in the Building Code. 8.0 CODE OF CONDUCT The Code of Conduct required under section 7.1-(1) of the Act shall be the "Employee Code of Conduct'' which governs the conduct of all employees of the Corporation. 9.0 APPOINTMENT OF RCA'S If the municipality directly appoints a registered code agency under Section 4.1 of the Act, an agreement must be completed. The agreement with the registered code agency authorizes the agency to perform functions specified in the agreement. The agreements shall be in writing and as outlined in the Building Code under Article 2.22.1.1. Page 8 of 14 Under Subsection 4.1(3) of the Act, The Corporation of the Township of Baldwin delegates to the Chief Building Official, the authority to make appointments of registered code agencies. 10.0 VALIDITY Should any section, clause or provision of this by-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof, other than the part so declared to be invalid. 11.0 PENALTY Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction under the Provincial Offences Act is liable to a fine and any other penalty imposed under the Act as defined in this by-law. 12.0 REPEAL OF PREVIOUS BY-LAW By-law 748 of the Corporation and its amendments are hereby repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF JUNE, 2023. __________________ MAYOR __________________ CLERK Page 9 of 14 The Corporation of the Township of Baldwin Schedule "A" to By-law No. 2023-15 PERMIT FEES AND SET FINE SCHEDULE The fees payable by the applicant for a building/demolition permit are outlined below. 1. Administration Fee of $40.00 shall apply to all building permit applications. 2. New buildings, alterations, additions, re-erection and repairs, etc.: PERMIT TYPE FEE Installation of Siding $45 Window and door alterations $50 Pool Enclosure $70 Solid fuel burning appliance $60 Steel Roof Installation $50 Tents over 645 sq. ft. $65 3. Plumbing Permit PERMIT TYPE FEE 1 to 6 Fixtures $45 Each additional fixture $10 Additions/changes to each existing fixture $10 Connection to municipal water system $40 Page 10 of 14 4. Other Fees PERMIT TYPE FEE Administration fee (Mandatory) $40 Building permit fee - $15/$1000 of value of construction $15 Demolition - $50/1000 sq. ft. or portion thereof $50 Change of Use $80 Building relocation - Less than 300 sq. ft. $50 Conditional Permit - $15/$1000 of value (Min $1000 value) $15 Amendment to permit - $10/$1000 construction value (Min $80) $10 Re-Inspection (Where work was not complete at time of insp.) $80 Request for inspection $50 11. Calculation of Estimated Values Structure Type Floor Area x Cost/sq ft. One storey dwelling & additions $150 Second storey or more & additions $120 Attached Garage $40 Detached storage building & garage $30 Carport $30 Deck, porch & gazebo $20 Solarium & Sunroom $120 Repairs and/or renovations Floor Area x Est. Cost/sq ft. Commercial and industrial buildings (Shell Only) $110 Commercial, mercantile, office, restaurant, etc. $215 SPECIAL PROVISION: the Chief Building Official may, for any of the above or where there is a dispute, calculate the estimated value at his discretion, based on written estimates provided by a contractor. PERMIT FEES DOUBLE IF ANY WORK REQUIRING A PERMIT IS COMMENCED PRIOR TO RECEIVING A PERMIT FROM THE BUILDING DEPARTMENT. Page 11 of 14 12. Refunds - if a Building Permit has been issued and applicable fees paid, project has not commenced; fees may be refunded as follows, with the exception of the administration fee: a) 70 percent (70%) if administrative and zoning functions only have been performed. b) 40 percent (40%) if administrative, zoning and plans examination functions have been performed. c) 30 percent (30%) if the permit has been issued and no field inspections have been performed subsequent to permit issuance. 13. Set Fine Schedule - Part 1 Provincial Offences Act The Building Code Act, 2012 Item Short Form Wording Provision Creating OR Defining Offence Set Fine 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) Construct a building without a permit Demolish building without permit Causing construction without a permit Causing demolition without permit Unauthorized change to permit Construct not in accordance with permit Demolish not in accordance with permit Causing construction not in accordance with permit Causing demolishment not in accordance with permit Change use of building without permit Occupy a building - no notice Use building - no notice Permit occupation of a building - no notice Permit use of building - no notice Use building - no inspection Permit occupation of a building - no inspection Occupy a building - order outstanding Using a building - order outstanding Permit occupation of a building - order outstanding Permit use of a building - order outstanding Fail to comply with inspector's order - section 12 (2) Fail to comply with order not to cover - section 13 (1) Fail to comply with order to uncover section 13 (6) Fail to comply with order to stop work - section 14 (1) Fail to comply with order to render a building safe- section 15.9 (4) Fail to comply with order not to use/occupy a building - section 15.9 (6) Obstructing an inspector Failure to assist an inspector Section 8 (1) Section 8 (1) Section 8 (1) Section 8 (1) Section 8 (12) Section 8 (13) Section 8 (13) Section 8 (13) Section 8 (13) Section 10 (1) Section 11 (2) Section 11 (2) Section 11 (2) Section 11 (2) Section 11 (4)(a) Section 11 (4)(a) Section 11 (4)(b) Section 11 (4)(b) Section 11 (4)(b) Section 11 (4)(b) Section 36 (1) Section 36 (1) Section 36 (1) Section 36 (1) Section 36 (1) Section 36 (1) Section 19 (1) Section 19 (3) $300.00 $200.00 $300.00 $200.00 $200.00 $200.00 $200.00 $300.00 $300.00 $200.00 $200.00 $200.00 $300.00 $300.00 $200.00 $200.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $300.00 $500.00 $300.00 $500.00 $500.00 $300.00 Page 12 of 14 29) 30) 31) 32) 33) Neglected to produce required items Refusing to produce required items Neglecting to produce required information Refusing to produce required information Removing posted order Section 19 (4)(a) Section 19 (4)(a) Section 19 (4)(b) Section 19 (4)(b) Section 20 $200.00 $300.00 $200.00 $300.00 $200.00 Note: The penalty provisions for the offences listed above are Section 36 of the Building Code Act, a certified copy of which has been filed. Page 13 of 14 The Corporation of the Township of Baldwin Schedule "B" to By-law No. 2023-15 List of Plans or Working Drawings to accompany applications for permits 1. Site Plan (two sets of Plans) 2. Floor Plans (two Sets) 3. Foundation Plans (two Sets) 4. Framing Plans (two Sets) 5. Roof Plans (two Plans) 6. Reflected Ceiling Plans (two Sets) 7. Sections and Details (two Sets) 8. Building Elevations (two Sets) 9. Electrical Drawings (two Sets) 10. Heating, Ventilation and Air Conditioning Drawings (two Sets) 11. Plumbing Drawings (two Sets) 12. Fire Alarm and Sprinkler Plan (two Sets) NOTE: The Chief Building Official may specify that not all the above-mentioned plans are required to accompany an application for a permit. Page 14 of 14 The Corporation of the Township of Baldwin Schedule "C" to Bylaw No. 2023-15 Form 1: Application for a Permit to Construct or Demolish Form 2: Application for Change of Use Permit (1) Form 3: Order Requiring Tests and Samples Form 4 Change of Use Permit Form 5: Stop Work Order Form 6 Order to Uncover Form 7: Order Not to Cover or Enclose Form 8 Order to Comply