By-law No. 2024-045 - A By-law of The Corporation of the Town of Bracebridge respecting Construction, Demolition and Change of Use Permits, Inspections and Administration
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BY-LAW NO. 2024-045
A BY-LAW OF THE CORPORATION OF THE TOWN OF
BRACEBRIDGE
BEING
A
BY-LAW
RESPECTING
CONSTRUCTION, DEMOLITION AND CHANGE OF USE
PERMITS, INSPECTIONS AND ADMINISTRATION
WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992 c.23, empowers Council to pass certain by-
laws respecting construction, conditional permits, sewage systems, demolition and change of use permits and
inspections;
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25 (hereinafter referred to as the "Municipal
Act") provides that the powers of a municipality under the Municipal Act or any other Act shall be interpreted
broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it
considers appropriate and to enhance the municipality's ability to respond to municipal issues;
AND WHEREAS Section 9 of the Municipal Act provides that a municipality has the capacity, rights, powers
and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any
other Act;
AND WHEREAS Section 11 of the Municipal Act provides that a lower-tier municipality may pass by-laws
respecting matters within the spheres of jurisdiction set out therein;
AND WHEREAS Section 398.2(2) of the Municipal Act provides that fees or charges imposed in accordance
with this By-law constitute a debt owed to the municipality for which the Treasurer may add the outstanding
fees or charges, including interest on the unpaid balance, to the tax roll for the property owned by the persons
responsible for paying the fees and charges, and the amount shall be collected in the same manner as
municipal taxes;
AND WHEREAS Section 2 of the Trespass to Property Act, R.S.O. 1990, c. T.21, as amended, makes it an
offence for every person who is not acting under right or authority conferred by law and who, without the
express permission of the occupier, the proof of which rest on the defendant, enter on premises when entry
is prohibited under the Act or engages in an activity on the premises when the activity is prohibited under
the Act or does not leave the premises immediately after he or she is directed to do so by the occupier of
the premises or a person authorized by the occupier;
AND WHEREAS Section 5 of the Trespass to Property Act, R.S.O. 1990, c. T.21, as amended, allows a
Municipality as "occupier" to post signs, prohibiting activities within an area;
AND WHEREAS by motion 24-PD-035, the Council of The Corporation of the Town of Bracebridge deems it
expedient to enact a by-law respecting construction, demolition and change of use permits, inspections, and
administration;
BY-LAW NO. 2024-045
Page 2
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF BRACEBRIDGE ENACTS
AS FOLLOWS:
1.
SHORT TITLE
1.1
This By-law may be cited as the "Building By-law".
2.
DEFINITIONS
2.1
In this By-law,
2.1.1
Act means the Building Code Act, 1992 S.O. 1992 as amended.
2.1.2
Additional Inspection means an inspection deemed necessary by the Chief
Building Official (applicable to existing buildings or defective/deficient new
buildings, to pay for the additional inspections that are required as a result of poor
construction, or to evaluate existing projects for renovation or addition where
applicants may be unsure of requirements).
2.1.3
As Constructed Plans means as constructed plans as defined in the Building Code.
2.1.4
Building means a building as defined in Section 1(1) of the Act.
2.1.5
Building Code means the regulations made under Section 34 of the Act.
2.1.6
Chief Building Official means the Chief Building Official appointed by By-law of
The Corporation of the Town of Bracebridge for the purposes of enforcement of
the Act.
2.1.7
Construct as defined in Section 1(1) of the Act.
2.1.8
Conditional Permit as set out in Section 8(3) of the Act.
2.1.9
Corporation means The Corporation of the Town of Bracebridge.
2.1.10 Farm Building means a farm building as defined in the Building Code.
2.1.11 Floor Area means the aggregate of the floor area measured between the exterior
faces of the exterior walls of the building or structure at the level of each floor, and
in the case of a dwelling, excluding any porches, basements or cellars.
2.1.12 Owner includes the registered owner of a property, a lessee, tenant, mortgagee in
possession, or person otherwise in charge of any property, acting as the
authorized agent of the owner.
2.1.13 Permit means written permission or written authorization from the Chief Building
Official to perform work regulated by this By-law and the Act.
2.1.14 Permit Maintenance Fee is an annual fee for a permit issued under the Building
Code that remains open after three (3) years from the date of issuance until such
time the permit is closed.
2.1.15 Plumbing means plumbing as defined in Section 1(1) of the Act.
BY-LAW NO. 2024-045
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2.1.16 Qualified Designer means Qualifications as set out in the Building Code Division
C-Part 3.
2.1.17 Revised Drawings means building drawing/plans that have been submitted with
changes to the original drawings/plans that have been approved.
2.1.18 Remedy Unsafe permit means a permit that has become necessary due to a
building or property being determined to be unsafe by the Chief Building Official.
The permit fee for this class of permit includes the cost of any enforcement required
to obtain compliance.
2.1.19 Sewage System means a sewage system as defined in the Building Code.
2.1.20 Special Inspection means an inspection that is requested and carried out that
may or may not be in connection with a building permit, at the discretion of the
Chief Building Official and/or on permits greater than 3 years old.
2.1.21 Temporary Construction Uses means a tool shed, construction trailer, trailer
mobile camper, or other building or structures incidental to construction that may
be erected on the lot where construction is taking place provided that a building
permit has been issued and remain until the structure has been completed to
become able to be occupied to the maximum of 12 months with a security deposit.
2.1.22 Tent means every kind of temporary shelter that is not permanently affixed to the
site and that is capable of being easily moved.
3.
CLASSES OF PERMITS
3.1
Classes of permits with respect to the construction, demolition and change of use of buildings
and permit fees shall be as set out in Schedule "A" to this By-law.
4.
ADMINISTRATION FEES
4.1
Administration fees in respect to additional cost(s) above the fees for building permits shall
be as set out in Schedule "B" to this By-law.
5.
REQUIREMENTS FOR APPLICATIONS
5.1
The Application:
5.1.1
To obtain a permit, the owner or an agent authorized by the owner, shall file with the
Chief Building Official, an application in writing by completing a prescribed form by
the Ministry of Municipal Affairs and Housing.
5.2
Permit application requirements (identified in Schedule "C" to this By-law).
5.2.1
Where application is made for a building permit under Subsection 8(1) of the Act, the
application shall:
5.2.1.1
Be in a form prescribed by the Minister;
5.2.1.2
Identify and describe in detail the work, use and occupancy for which
the building permit application is made;
BY-LAW NO. 2024-045
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5.2.1.3
Identify and describe in detail the existing use and the proposed use for
the premises;
5.2.1.4
Identify the subject municipal address and legal description;
5.2.1.5
Be accompanied by the plans, specifications, documents and other
information necessary for the complete review of the building permit
submission, as required by the Chief Building Official and in
accordance with 5.5 including all architectural, structural, mechanical,
plumbing and electrical drawings and details, including shoring
drawings and details, where the construction method will require such
systems;
5.2.1.6
Where required by the Chief Building Official, be accompanied by a
code compliance report prepared by an architect or professional
engineer;
5.2.1.7
Where required by the Chief Building Official, be accompanied by a
geotechnical report prepared by a professional engineer;
5.2.1.8
Where required by the Chief Building Official, be accompanied by a
report from a professional engineer with respect to the impact of vibration
from the proposed construction methods and the measures to be
employed to mitigate such impacts;
5.2.1.9
Be accompanied by the full building permit fees required by this article;
5.2.1.10
State the names, addresses, telephone numbers and email addresses
of the owner, applicant, architect, engineer, or other designer for the
work applied for;
5.2.1.11
If Subsection 1.2.2 of Division C Part 1 of the Building Code applies,
be accompanied by a signed acknowledgement of the owner on the
form prescribed, that an architect or professional engineer or both
have been retained;
5.2.1.12
If Subsection 1.2.2 of Division C Part 1 of the Building Code applies,
be accompanied by a signed statement from the architect or
professional engineer or both on the form prescribed, undertaking to
provide a general review;
5.2.1.13
Include where applicable, the registration number of the builder or
vendor as provided in the Ontario New Home Warranties Plan Act;
5.2.1.14
State the estimated valuation of the proposed work, including material,
labour and related direct cost associated with the work, exclusive of the
cost of the land;
5.2.1.15
State the erection and removal date for all temporary buildings; and
5.2.1.16
Be accompanied by documentation that confirms or demonstrates
compliance with any required applicable law as set out in sentence
1.4.1.3 of Division A Part 1 of the Building Code.
BY-LAW NO. 2024-045
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5.2.1.17
As part of the first building permit application on each lot within a newly
created plan of subdivision, the application shall include a lot grading
and building siting control plan prepared by a professional engineer.
5.2.1.18
If required by subsection 5.6 a Lot grading plan prepared by:
5.2.1.18.1
An Ontario Land Surveyor;
5.2.1.18.2
An engineer registered as a member of the Professional
Engineers of Ontario;
5.2.1.18.3
An architect registered as a member of the Ontario
Association of Architects;
5.2.1.18.4
A member of the Ontario Association of Landscape
Architects;
5.2.1.18.5
A certified member of Association of Architectural
Technologists of Ontario;
5.2.1.18.6
A certified member of Ontario Association of Certified
Engineering Technicians and Technologists; or
5.2.1.18.7
Any other professional deemed qualified by the Chief
Building Official to prepare a lot grading plan.
5.2.2
Where application is made for a demolition permit under Subsection 8(1) of the Act,
the application shall:
5.2.2.1
Shall contain the information required by clauses 5.2.1; and be
accompanied by the information set out in Schedule "G" to this By-law
unless the building to be demolished is a house;
5.2.2.2
If Article 1.2.2 of Division C Part 1 of the Building Code applies, be
accompanied by structural design characteristics of the building and
the method and time schedule of demolition; and
5.2.2.3
If Sentence 1.2.2.3 of Division C Part 1 of the Building Code applies,
be accompanied by confirmation on a form prescribed by the Chief
Building Official that a professional engineer has been retained to
undertake the general review of the demolition.
5.2.3
Where application is made for a conditional permit under Subsection 8(3) of the Act,
the application shall:
5.2.3.1
Contain the information required by clauses 5.2.1;
5.2.3.2
Contain such other information, plans and specifications concerning
the complete project as the Chief Building Official may require;
5.2.3.3
State the reasons why the applicant believes that unreasonable delays
in construction would occur if a conditional permit is not granted;
BY-LAW NO. 2024-045
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5.2.3.4
State the necessary approvals, which must be obtained in respect of
the proposed building, and the time in which such approvals will be
obtained;
5.2.3.5
State the time in which plans and specifications of the complete building
will be filed with the Chief Building Official;
5.2.3.6
Be subject to the registered owner and such other person as the Chief
Building Official determines entering into an agreement as provided in
Subsection 8(3) of the Act; and
5.2.3.7
Pay the additional fees and provide the required securities, as set out
in Schedule "A" to this By-law.
5.3
Change of Use Permits
5.3.1
Every 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:
5.3.1.1
Describe the building in which the occupancy is to be changed, by a
description that will readily identify and locate the building;
5.3.1.2
Identify and describe in detail the current and proposed occupancies of
the building or part of a building for which the application is made;
5.3.1.3
Include plans and specifications which show the current and proposed
occupancy of all parts of the building and the site, where appropriate;
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;
5.3.1.4
Be accompanied by the required fee;
5.3.1.5
State the name, address and telephone number of the owner; and
5.3.1.6
Be signed by the owner or their authorized agent who shall certify the
truth of the contents of the application.
5.4
Sewage Systems
5.4.1
Every application for a sewage system permit shall be submitted to the Chief Building
Official and contain the following information:
5.4.1.1
The information required by Section 5.2
5.4.1.2
A site evaluation which shall include all of the following items, unless
otherwise specified by the Chief Building Official:
5.4.1.2.1
The date the evaluation was done;
5.4.1.2.2
Name, address, telephone number and signature of the
person who prepared the evaluation;
5.4.1.2.3
A site plan conforming to subsection 5.5.4 showing:
BY-LAW NO. 2024-045
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5.4.1.2.3.1 The legal description, lot size, property
dimensions,
existing
rights-of-way,
easements of municipal/utility corridors;
5.4.1.2.3.2 The location of the proposed sewage system;
5.4.1.2.3.3 The location of any unsuitable, disturbed
or compacted areas; and
5.4.1.2.3.4 Proposed
access
routes
for
system
maintenance.
5.4.1.2.4
depth to bedrock;
5.4.1.2.5
depth to zones of soil saturation;
5.4.1.2.6
soil properties, including soil permeability; and
5.4.1.2.7
soil conditions, including the potential for flooding.
5.5.
Plans and Specifications
5.5.1
Sufficient information shall be submitted with each application for a permit, to enable
the Chief Building Official to determine whether or not the proposed construction,
demolition or change of use will conform to the Act, the Building Code or any other
applicable law.
5.5.2
After the issuance of a permit under the Act, notice of any material change to a plan,
specification, document or other information on the basis of which the permit was
issued, must be given in writing to the Chief Building Official, together with revised
drawings with the details of such change which is not to be made without their written
authorization.
5.5.3
Required Drawings and Plans as outlined in Schedule "C" and forms submitted as
part of an application under Section 5 shall be legible and be drawn to scale, in an
electronic format conforming to all applicable guidelines as prescribed by the Chief
Building Official.
5.5.4
Site plans shall:
5.5.4.1
Be accurately drawn to scale and dimension, and when required by the
Chief Building Official to demonstrate compliance with the Act, the
Building Code or other applicable law, a copy of a survey prepared by
an Ontario Land Surveyor shall be submitted:
5.5.4.2
Show lot size and the dimensions of the property lines and setbacks to
any existing or proposed buildings and sewage systems;
5.5.4.3
Show existing and finished ground levels or grades;
5.5.4.4
Show existing rights-of-way, easements and municipal services.
BY-LAW NO. 2024-045
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5.6.
Multiple dwelling units:
5.6.1
For all applications relating to, or forming part of, the construction of more than one
detached, semi-detached, triplex, fourplex or townhouse dwelling, or new or
replacement foundations relating to the foregoing:
5.6.2
Take the format of a Lot Grading and Drainage Plan;
5.6.3
Be referenced to a current plan of survey prepared and certified by an Ontario
Land Surveyor, and a copy of the survey shall accompany the site plan
submission; and
5.6.4
Include the information outlined in 5.5.4;
5.7.
Lot Grading and Drainage Plan process:
5.7.1
Initial Lot Grading and Drainage Plan, as described in 5.6 shall be submitted at time
of permit application;
5.7.2
Upon the completion of a foundation the applicant shall submit to the Chief Building
Official a Foundation Control Certificate prepared by an Ontario Land Surveyor
certifying the location and elevation of the top of the foundation wall and confirming
general conformity with the approved site grading plan, prior to a framing
inspection being undertaken; and
5.7.3
At time of occupancy inspection, if site grading is not in general compliance with
the approved Lot Grading and Drainage Plan, the Chief Building Official may
require submission of an As-constructed Lot Grading and Drainage Plan.
5.7.4
Verification by an Ontario Land Surveyor of By-law compliance may be required
before proceeding past foundation stage, if required by the Chief Building Official.
6.
ALTERNATIVE SOLUTION
6.1.
Where the prescriptive requirements or acceptable solutions of Division B of the Building Code
are not met, the Chief Building Official may approve an alternative solution under Division C,
Part 2 of the Building Code.
6.2.
An alternative solution proposal may be requested for a system or building design at the time
of permit application, or if a material change is necessary to a plan, specification, document
or other information on the basis of which a permit is issued.
6.3.
The applicant, with or without their approved representative, shall submit a completed
"Application for an Alternative Solution" on the form available from the Chief Building
Official that includes:
6.3.1
A description of the applicable objectives, functional statements and acceptable
solutions;
BY-LAW NO. 2024-045
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6.3.2
A description of the proposed material, system of building design for which
authorization is sought;
6.3.3
Supporting documentation demonstrating that the proposed material, system or
building design will provide the level of performance required by the Building Code;
and
6.3.4
Payment of the required fee as set out in Schedule "B" .
6.4
Alternative Solutions that are accepted under this Section shall be applicable only to the
location described in the application and are not transferable to any other permit.
6.5
After reviewing the documentation filed with the application for approval of an alternative
solution, the Chief Building Official may require the applicant to obtain a Peer Review of the
application, at the applicants sole expense, if deemed necessary by the Chief Building Official
to evaluate the proposed alternative solution.
6.6
Where the Chief Building Official requires a Peer Review of the Alternative Solution
Application the Chief Building official may identify specific questions required to be addressed
and considered in the Peer Review.
7.
PERMIT TRANSFER FEE
7.1.
If land changes ownership after a building permit has been issued, a building permit may
be transferred to the new owner following the payment of the Permit Transfer Fee as set
out in Schedule "B" to this By-law.
7.2.
When a building permit is transferred, the new owner assumes all responsibility and may
be required to provide additional information and, if necessary, proof of engagement of a
design professional.
7.3.
Changes made to plans submitted for the original building permit may require payment of
an additional fees.
8.
PAYMENT OF FEES
8.1
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.
8.2
Where the fees payable in respect of an application for a construction or demolition permit
issued under Subsection 8(1) of the Act, or a conditional permit under Subsection 8(3) of the
Act, are based on the cost of valuation of the proposed work, the cost of valuation of the
proposed work shall mean the total cost of all work regulated by the permit, including the cost
of all material, labour, equipment, overhead and professional and related services, provided
that where application is made for a conditional permit, fees shall be paid for the complete
project.
8.3
Where a permit was issued and remains open after three (3) years and where inspections
remain outstanding, a request for the final inspection must be accompanied by the fee as set
out in Schedule "B" to this by-law.
BY-LAW NO. 2024-045
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8.4
The Chief Building Official may place a valuation on the cost of the proposed work for the
purposes of establishing the permit fee in Subsection 8.2 above, and where disputed, the
applicant shall pay the required fee under protest, and, within six (6) months of completion of
the project to the maximum of 36 months from the date the permit was issued, shall submit
an audited statement of the actual costs, and where the audited costs are determined to be
less than the valuation, the Chief Building Official may issue a refund.
9.
PERMIT MAINTENANCE FEE
9.1
Where the Chief Building Official confirms that a Building Permit remains open after three (3)
years, the Town shall send to the current property owner, an invoice for the Permit
Maintenance Fee as set out in Schedule "B" to this by-law;
9.2
Annual invoicing shall continue until such time as the permit(s) is revoked, closed or cancelled.
10.
POSTING OF PERMITS
10.1
All Permits are required to be posted in a location that is visible from the road on the property
in respect of which the permit was issued. The fee for failure to post is set out in Schedule "B"
to this By-law.
11.
REFUNDS
11.1
In the case of withdrawal of an application or the abandonment of all or a portion of the work,
or the non-commencement of any project, the Chief Building Official shall determine the
amount of paid permit fees that may be refunded to the applicant, if any, in accordance with
Schedule "B" to this By-law.
12.
COLLECTION
12.1
In addition to every other remedy available at law, fees that are due and unpaid may be added
to the tax roll of the property owner who is responsible for paying the fee and may be collected
in the like manner as municipal taxes.
13.
NOTICE AND REQUIREMENTS FOR INSPECTIONS
13.1
The owner, builder or authorized agent shall notify the Chief Building Official at least two (2)
business days in advance for an inspection under the Building Code.
13.2
In addition to the prescribed notice contained in Div. C Part 1 1.3.5.1 of the Building Code,
additional notices 1.3.5.2 (1)(c ), (d), (e), (f), and (g) and occupancy permit 1.3.3.1. along with
notification of completion 1.3.3.3. are required.
13.3
Required building and plumbing inspections as listed in Schedule "D" to this By-law.
13.4
Required Septic Inspections as listed in Schedule "E" to this By-law.
13.5
Notice may be given in one of the following ways;
13.5.1 Phone message at (705) 645-5264 ex 3543;
13.5.2 Email to building@bracebridge.ca;
13.5.3 Online through the Building Services Branch's electronic building permit
application and tracking portal;
BY-LAW NO. 2024-045
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13.5.4 In person at the Municipal Office, Planning and Development Counter.
14.
AS CONSTRUCTED PLANS
14.1
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.
15.
FENCING AT UNSAFE BUILDING, CONSTRUCTION AND DEMOLITION SITES
15.1
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 such
fencing as he or she deems appropriate to the circumstances.
15.2
In considering the hazard presented by the construction of demolition site, the necessary
fencing and height and characteristics of such fencing, the Chief Building Official shall have
regard for:
15.2.1 the proximity of the building site to other buildings;
15.2.2 the proximity of the construction or demolition site to lands accessible to the public;
15.2.3 the hazard presented by the construction or demolition activities and materials;
15.2.4 the feasible and effectiveness of such fences; and
15.2.5 the duration of the hazard.
16.
ENFORCEMENT (OFFENCES)
16.1
No person shall:
16.1.1 Construct a building without a permit contrary to Section 8(1) of the Act;
16.1.2 Cause construction of a building without a permit contrary to Section 8(1) of the
Act;
16.1.3 Demolish a building without a permit contrary to Section 8(1) of the Act;
16.1.4 Cause demolition of a building without a permit contrary to Section 8(1) of the Act;
16.1.5 Change plans without authorization contrary to Section 8(12) of the Act;
16.1.6 Construct a building not in accordance with plans contrary to Section 8(13) of the
Act;
16.1.7 Change the use of a building without a permit contrary to Section 10(1) of the Act;
16.1.8 Occupy a building newly erected without notice or inspection contrary to Section
11(1) of the Act;
16.1.9 Obstruct or remove posted order without authorization contrary to Section 20 of
the Act;
BY-LAW NO. 2024-045
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16.1.10 Furnish false information on an application for a permit contrary to Section 36 (1)(a)
of the Act;
16.1.11 Commence demolition before a building has been vacated contrary to Div. C
sentence 1.3.1.1(4) of the Building Code;
16.1.12 Fail to post a permit on the construction site contrary to Div. C article 1.3.2.1 of the
Building Code;
16.1.13 Fail to post a permit on the demolition site contrary to Div. C article1 3.2.1 of the
Building Code;
16.1.14 Occupy an unfinished building without a permit contrary to Div. C sentence
1.3.3.1(1) of the Building Code; and
16.1.15 Fail to provide notification of construction phase contrary to Div. C sentence
1.3.5.1(1) of the Building Code.
16.2
No Person Shall Fail to Comply with:
16.2.1 An order made by an inspector contrary to Section 12(2) of the Act;
16.2.2 An order not to cover made by an inspector contrary to Section 13(1) of the Act;
16.2.3 An order to uncover made by an inspector contrary to Section 13(6) of the Act; 4
16.2.4 A stop work order made by the Chief Building Official under Section 14(1) of the
Act;
16.2.5 An order to remedy an unsafe building made by an inspector under subsection
15.9(4) of the Act;
16.2.6 An order prohibiting use or occupancy of an unsafe building made by the Chief
Building under subsection 15.9(6) of the Act; and
16.2.7 An order to repair a dangerous building made by the Chief Building Official under
subsection 15.10(1) of the Act.
17.
PENALTIES
17.1
Every Person who contravenes any provision of this by-law or the Act or is party to such with
Section 36 of the Act is guilty of an offence;
17.2
Every person who hinders or obstructs a person lawfully carrying out the enforcement of this
by-law is guilty of an offence;
17.3
Every person who contravenes any provision of this by-law is guilty of an offence and upon
conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.
33, as amended. The Chief Judge of the Ontario Court of Justice shall be requested to
establish set fines as set out Schedule "H" to this By-law.
17.4
For the purpose of this by-law, each day of a continuing offence shall be deemed to be a
separate offence;
BY-LAW NO. 2024-045
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17.5
In addition to the penalties prescribed in section 17.1 and 17.2 of this by-law, the Chief
Building Official may apply under subsection 36(1) and or 38(1) of the Act for additional
penalties and/or a minimum fine of no less than $250 up to a maximum fine of Ten
Thousand Dollars ($10,000.00) or the maximum fine applicable pursuant to the provisions
of the Provincial Offences Act, R.S.O. 1990, Chapter P33; and
17.6
No Part of this by-law shall come into force and take effect until Schedule "H" to this By-law is
approved and filed by Regional Senior Justice, pursuant to Provincial Offences Act Part
Offences Act Part 1.
18
VALIDITY AND SEVERABILITY
18.1
Every provision of this By-law is declared severable from the remainder and if any
such provision of this By-law shall be declared invalid by a court of competent
jurisdiction, such declaration shall not affect the validity of the remainder of the By-
law.
19.
FORCE AND EFFECT
19.1
This By-law shall come into force and effect on immediately upon passing, or as otherwise
outlined in section 17.6 of this By-law, whichever is later.
20.
REPEAL OF BY-LAWS
20.1
Upon the date this by-law comes into force and effect, By-law 2020-073 is hereby repealed.
READ AND PASSED THIS 14TH DAY OF AUGUST, 2024.
Mayor, Rick Maloney
Deputy Clerk, Tina Arbuckle
BY-LAW NO. 2024-045
Page 14
SCHEDULE "A"
Classes of Permits and Permit Fees
Type of Structure
Rate to Determine Fee
Minimum Fee
Dwellings, Sleeping Cabins,
Commercial
$1.55 per sq. ft. of finished floor area. Includes
plumbing and HVAC.
$310.00
Residential Below Grade Floor
Area, or Below Grade Crawl
Space Area
$.55 per sq. ft. of below grade or crawl
space floor area. Includes plumbing and
HVAC.
Boathouses
$.75 per sq. ft. of total floor area (enclosed
dock and slip area considered as floor
area)
$310.00
Garages, Storage Sheds or
Similar Structures
$.75 per sq. ft. of total floor area;
$250.00
Repairs or Renovations
$.75 per sq. ft. of area of repair or
renovation
$250.00
New or Renewal of Foundation
$11.30 per $1,000 construction value
$360.00
Docks
$.55 per sq.ft of total dock area
$250.00
Decks
$.55 per sq.ft of total deck area
$250.00
Plumbing (Stand Alone)
$10.00 per fixture unit
$200.00
Demolition Permits
$200.00 (Part 9)
$300.00 (Part 3)
Conditional Building Permit
$20 per $1,000 of value or part thereof plus a
refundable security deposit to be determined
by the Chief Building Official.
Minimum Deposit
$1,000.00
Change of Use Permit
Flat Rate
$250.00
Wood Appliances/Chimney
Flat Rate
$200.00
Septic
Flat Rate for New/Change of
Classification/Repair, Alter or Enlarge
$450.00
Flat Rate - Tank only
$200.00
Flat Rate - Holding Tank
$200.00
Flat Rate - Septic - Grey Water
$200.00
Temporary Permit
Flat Rate - Tents or Temporary Structures
$150.00
BY-LAW NO. 2024-045
Page 15
Type of Structure
Rate to Determine Fee
Minimum Fee
Securities
Securities for Conditional Permits
As per CBO
Water/Sewer Connection
Flat Rate
$200.00
Backflow Preventer
Flat Rate
$200.00
Other Work Requiring Permits
Not Otherwise Listed Above
$11.30 per $1,000 of cost of construction
work
$200.00
BY-LAW NO. 2024-045
Page 16
SCHEDULE "B"
Administration and Refund Fees
Type of Structure
Fees Details
Minimum Fee
Alternative Solutions (Part 9
Residential Buildings)
Flat Rate + All Peer Review Costs
$500.00
Alternative Solutions (All Other
Buildings)
Flat Rate + All Peer Review Costs
$2000.00
Constructing without a Permit
Administration Fee
Flat Rate
Double the Permit Fee
Electronic Payment Fee
Determined based on cost
Cost Recovery
Failed or Not Ready for Inspection
If greater than 2 inspections required
$100.00 per inspection
Failure to Post Permit
Administration Fee for failure to post
Building Permit
$100.00
Final/Occupancy letters within
48 hours of inspection
$120.00
Inspection for a permit greater
than 3 years old
Part 3 Buildings
$250.00
Part 9 Buildings
$200.00
Liquor License Existing Permit
Review of Existing Permit
$75.00
Liquor License New Permit
Review of New Permit
$150.00
Permit Maintenance Fee (applied
3 years after permit issuance if
still open)
Annual Fee - Commercial
$250.00 per year
Annual Fee - Dwellings and Additions
$200.00 per year
Annual Fee - Accessory Structures
150.00 per
year
Annual Fee - Decks, Docks, Septic
$100.00 per year
Permit Transfer Fee
Flat Fee
$200.00
Refunds
No review done
65% refund
Reviewed
45% refund
After 6 Months of Issuance
No refund
After any Building Inspection carried out
No refund
Revised Drawings
After review has been completed
$100.00 per hour
BY-LAW NO. 2024-045
Page 17
SCHEDULE "C"
List of Plans or Working Drawings To Accompany Applications For Permits
1.
Property Site Plan (including all current and proposed structures, setbacks from all property lines
and showing location of power lines)
2.
Floor Plans
3.
Foundation 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 (heat loss calculations)
11.
Septic Details
12.
Plumbing Drawings
NOTE:
The Chief Building Official may specify that not all the above-mentioned plans are required to accompany
an application for permit.
BY-LAW NO. 2024-045
Page 18
SCHEDULE "D"
List of Required Building and Plumbing Inspections
1.
Footing forms completed and NO concrete
2.
ICF forms completed with re-bar NO concrete
3.
Water/Sewer connection (open trenches)
4.
Backflow Preventer Installation
5.
Backfill - parging, damp proofing and drainage completed (no fill)
6.
Framing completed
7.
Plumbing - potable, drains, vents, sewer and main (rough-in with test)
8.
Heating and ventilation (rough-in)
9.
Substantial completion of fire separations and closers and fire protection systems (when
required)
10.
Solid fuel burning appliances and chimney (rough-in)
11.
Insulation, vapour barrier and air barrier when completed before covering
12.
Occupancy inspection (not completed but safe to occupy)
13.
Final Inspection
BY-LAW NO. 2024-045
Page 19
SCHEDULE "E"
List of Required Septic Inspections
1.
Subgrade prior to installation (all excavation completed prior to any fill).
2.
Substantial completion of the sewage system before backfilling (stone exposed, graphs and
weigh slips to be on site).
3.
Final (grading and erosion protection completed).
BY-LAW NO. 2024-045
Page 20
SCHEDULE "F"
Other Required Permits
1.
Plumbing new, additional or changes
2.
Replacing or upgrading vapour barrier/insulation
3.
Replace or repair foundation drainage and damp-proofing
4.
Upgrading or replacing heating system
5.
Interior/Exterior renovation (structural).
BY-LAW NO. 2024-045
Page 21
SCHEDULE "G"
DEMOLITION PERMIT APPLICATION INFORMATION
1.
REQUIRED INFORMATION
1.1
Details and particulars in respect of the proposed demolition which state:
1.1.1
Whether there is compliance with Regulation 347 made under the Environmental
Protection Act, R.S.O. 1990, c. E.19.
1.1.2
Whether the present owner has or any past owners had generators or a waste
generator number.
1.1.3
Whether there are hazardous or controlled products, as defined in the Workplace
Hazardous Materials Information System (WHMIS).
1.1.4
Whether there is a list of designated substances, including asbestos, as required
under section 30 of the Occupational Health and Safety Act, R.S.O. 1990, c. O.1.
1.1.5
Whether there are any fluid storage tanks, above or below grade, on site.
1.1.6
Whether the structure to be demolished is insulated with urea formaldehyde.
1.1.7
Whether the structure contains polychlorinated biphenyls (PCBs) as defined under
the Environmental Protection Act, R.S.O. 1990, c. E.19, Regulation 362.
1.1.8
Whether the structure contains chlorofluorocarbon (CFC) bearing refrigerant
equipment.
1.1.9
The nature of the past and present uses of the premises.
1.1.10 The precise nature of the waste, as defined under the Environmental Protection Act,
R.S.O. 1990, c. E.19, and regulations made under that Act that will be generated by
the demolition of the structure and the method of waste disposal.
1.1.11 The method of demolition and whether the method for handling air and dust
emissions, recognizing on-site sources, complies with sections 6 and 11 of
Regulation 346 made under the Environmental Protection Act, R.S.O. 1990, c.
E.19.
1.1.12 What the final grading will be.
1.1.13 The post-closure plans.
1.1.14 The proposed enclosure of the land.
1.1.15 The size of the property on which the structure to be demolished is located.
1.1.16 Whether there will be discharge of contaminated waters resulting from either a
dewatering process, storm runoff or other discharge
BY-LAW NO. 2024-045
Page 22
SCHEDULE "H"
SET FINE AMOUNTS
Provincial Offences Act - Part I
Item
Short Form Wording
Building By-law
Section Defining
the Offence
Set Fine
1
Property owner - Construct building without permit
16.1.1
$250.00
2
Property owner - Cause construction of building without permit
16.1.2
$250.00
3
Property owner - Demolish building without permit
16.1.3
$150.00
4
Property owner - Cause demolition of building without permit
16.1.4
$150.00
5
Property owner - Change plans without authorization
16.1.5
$150.00
6
Property owner - Construct building not in accordance with plans
16.1.6
$150.00
7
Property owner - Change the use of building without permit
16.1.7
$250.00
8
Property owner - Occupy newly erected building without notice or
inspection
16.1.8
$250.00
9
Property owner - Obstruct or remove posted order without
authorization
16.1.9
$300.00
10
Property owner - Furnish false information on permit application
16.1.10
$300.00
11
Property owner - Commence demolition before building vacated
16.1.11
$300.00
12
Property owner - Fail to post permit on construction site
16.1.12
$150.00
13
Property owner - Fail to post permit on demolition site
16.1.13
$150.00
14
Property owner - Occupy unfinished building without permit
16.1.14
$300.00
15
Property owner - Fail to provide notification of construction phase
16.1.15
$150.00
16
Property owner - Fail to comply with order to comply
16.2.1
$400.00
17
Property owner - Fail to comply with order not to cover
16.2.2
$400.00
18
Property owner - Fail to comply with order to uncover
16.2.3
$400.00
19
Property owner - Fail to comply with stop work order
16.2.4
$400.00
20
Property owner - Fail to comply with order to remedy unsafe building
16.2.5
$400.00
21
Property owner - Fail to comply with an order prohibiting use or
occupancy of unsafe building
16.2.6
$400.00
22
Property owner - Fail to comply with order to repair dangerous building
16.2.7
$400.00
23
Property owner - Hinder or obstruct person lawfully carrying out
enforcement duties
17.2.
$400.00
24
Builder - Construct building without permit
16.1.1
$500.00
25
Builder - Cause construction of building without permit
16.1.2
$500.00
26
Builder - Demolish building without permit
16.1.3
$300.00
BY-LAW NO. 2024-045
Page 23
Item
Short Form Wording
Building By-law
Section Defining
the Offence
Set Fine
27
Builder - Cause demolition of building without permit
16.1.4
$300.00
28
Builder - Change plan without authorization
16.1.5
$300.00
29
Builder - Construct building not in accordance with plans
16.1.6
$300.00
30
Builder - Change the use of building without permit
16.1.7
$500.00
31
Builder - Occupy newly erected building without notice or inspection
16.1.8
$500.00
32
Builder - Obstruct or remove posted order without authorization
16.1.9
$500.00
33
Builder - Furnish false information on permit application
16.1.10
$500.00
34
Builder - Commence demolition before building vacated
16.1.11
$600.00
35
Builder - Fail to post permit on construction site
16.1.12
$300.00
36
Builder- Fail to post permit on demolition site
16.1.13
$300.00
37
Builder - Occupy unfinished building without permit
16.1.14
$500.00
38
Builder - Fail to provide notification of construction phase
16.1.15
$400.00
39
Builder - Fail to comply with order to comply
16.2.1
$600.00
40
Builder - Fail to comply with order not to cover
16.2.2
$600.00
41
Builder - Fail to comply with order to uncover
16.2.3
$600.00
42
Builder - Fail to comply with stop work order
16.2.4
$600.00
43
Builder - Fail to comply with order to remedy unsafe building
16.2.5
$600.00
44
Builder - Fail to comply with an order prohibiting use or occupancy of
unsafe building
16.2.6
$600.00
45
Builder - Fail to comply with order to repair dangerous building
16.2.7
$600.00
46
Builder - Hinder or obstruct person lawfully carrying-out enforcement
duties
17.2
$600.00