Building By-law No. 2022-01 (Construction, Demolition and Change of Use Permits and Inspections)
Dutton/Dunwich, Ontario
· No. 2022-01
· adopted 2022-01-12
· summary & facts
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Municipality of
Dutton Dunwich
By-Law No. 2022-01
BEING A BY-LAW RESPECTING CONSTRUCTION, DEMOLITION AND
CHANGE OF USE PERMITS AND INSPECTIONS FOR THE
CORPORATION OF THE MUNICIPALITY OF DUTTON DUNWICH
WHEREAS Section 3(1) of the Bu/./d/.r}g Code Act,1992, S. 0.1992, Chapter
23, as amended empowers Council to be responsible for the enforcement of
the Act in the municipality, excepted where otherwise provided by this Act,
2002;
AND WHEREAS By-Law # 2018-55 appoints a Chief Building Official (CBO)
for the Municipality of Dutton Dunwich as per Section 3 (2) of the Bu/./d/.ng
Code Act, 1992, S.O. 1992, Chapter 23, as amended.
AIND WHER:EAS Sectiion 7 of the Building Code Act, 1992, S.O. 1992, Chapter
23, as amended, empowers Council to pass certain by-laws respecting
construction, demolition and change of use permits and inspections.
NOW THEREFORE, the Corporation of the Municipality of Dutton Dunwich
enacts as follows:
1.a _SHORTTITLE
This By-law may be cited as the ``Building By-law''.
2.0
DEFINITIONS
In this by-law,
"Alcr means the Building Code Act, 1992, S.0. 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.
``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 Archt.tecf's Act as defined in the Building
Code'
``building'' means a building as defined in the Bu/./d/.ng Code Act 1.(1).
``Building Code" means the regulations made under Section 34.(1) of
the Building Code Act,
``Chief Building Official" means the Chief Building Official (CBO)
appointed by by-law to the Corporation of the Municipality of Dutton
Dunwich for the purposes of enforcement of the Act and also referred
to as the ``CBO" in the by-law,
``Corporation" means the Corporation of the Municipality of Dutton
Dunwich.
``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 a building or part of a building or parts
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Municipality of
Dutton Dunwich
By-Law No. 2022-01
BEING A BY-LAW RESPECTING CONSTRUCTION, DEMOLITION AND
CHANGE OF USE PERMITS AND INSPECTIONS FOR THE
CORPORATION OF THE MUNICIPALITY OF DUTTON DUNWICH
WHEREAS Section 3(1) of the Building Code Act, 1992, S. 0. 1992, Chapter
23, as amended empowers Council to be responsible for the enforcement of
the Act in the municipality, excepted where otherwise provided by this Act,
2002;
AND WHEREAS By-Law # 2018-55 appoints a Chief Building Official (CBO)
for the Municipality of Dutton Dunwich as per Section 3 (2) of the Building
Code Act, 1992, S.O. 1992, Chapter 23, as amended.
AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, Chapter
23, as amended, empowers Council to pass certain by-laws respecting
construction, demolition and change of use permits and inspections.
NOW THEREFORE, the Corporation of the Municipality of Dutton Dunwich
enacts as follows:
1.0
SHORT TITLE
This By-law may be cited as the "Building By-law".
2.0
DEFINITIONS
In this by-law,
"Act" means the Building Code Act, 1992, S. 0. 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.
"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 the Building Code Act 1.(1).
"Building Code" means the regulations made under Section 34.(1) of
the Building Code Act.
"Chief Building Official" means the Chief Building Official (CBO)
appointed by by-law to the Corporation of the Municipality of Dutton
Dunwich for the purposes of enforcement of the Act and also referred
to as the "CBO" in the by-law.
"Corporation" means the Corporation of the Municipality of Dutton
Dunwich.
"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 a building or part of a building or parts
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thereof as regulated by the Act. This also applies to any Industrial
Wind Turbine installations.
``Professional Engineer" means a person who holds a license or a
temporary license under the Profess/.ona/ Er]g/.r]eer's Act, as defined in
the Building Code.
3.0 PERMITS
3,1 _classes of perm_i_I_s
3.1.1 Classes of permits with respect to the construction, demolition and
change of use of buildings in Schedule `A' and permit fees shall be set
out in the Fees and Tariffs By-law, as amended.
3.1.2 Permits for work other than that referred to in this by-law, such as
road cuts, etc., shall be obtained from the appropriate authority
having jurisdiction in accordance with the by-laws of the Municipality.
3.2 Administrati\/e procedures Relating to permits
3.2.1 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
CBO together with the details of such change, which is not to be made
without his or her written authorization.
3.2.2 Revocation of Permits
The CBO, subject to provisions outlined in Subsection 8(10) has the
authority to revoke a permit issued under the Act.
3E3 ADDlication fora permit
3.3.1 Application
To obtain a permit, the owner and/or an agent authorized in writing by
the owner shall file an application in writing by completing a prescribed
form available at the offices of the municipality or from the Building
Code website www.obc.mah.aov.on.ca . Forms prescribed by the
municipality under clause 7(f) of the Act shall be set out in Schedule
`E' to this by-law,
3.3.2 Every application for a permit shall be submitted to the CBO, and
contain the following information:
(1) Where application is made fora construction Permit under
Subsection 8 (1) the Act, the application shall:
(a) use the provincial application form, "Application for a Permit
to Construct or Demolish''; and
(b) include complete plans and specifications, documents and
other information as required by Div. C Part 11,3.1.3 of the
Building Code and as described in this by-law for the work to
be covered by the permit including:
identify and describe in detail the work and
occupancy to be covered by the permit for which
application is made;
describe the land on which the work is to be done,
by a description that will readily identify and locate
the building lot;
state the valuation of the proposed work and be
accompanied by the required fee;
state the names, addresses and telephone numbers
of the owner, architect, engineer or other designer
and contractor, and
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thereof as regulated by the Act. This also applies to any Industrial
Wind Turbine installations.
"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.
3.0
PERMITS
3.1
Classes of Permits
3.1.1 Classes of permits with respect to the construction, demolition and
change of use of buildings in Schedule 'A' and permit fees shall be set
out in the Fees and Tariffs By-law, as amended.
3.1.2 Permits for work other than that referred to in this by-law, such as
road cuts, etc., shall be obtained from the appropriate authority
having jurisdiction in accordance with the by-laws of the Municipality.
3.2
Administrative Procedures Relating to Permits
3.2.1 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
CBO together with the details of such change, which is not to be made
without his or her written authorization.
3.2.2 Revocation of Permits
The CBO, subject to provisions outlined in Subsection 8(10) has the
authority to revoke a permit issued under the Act.
3.3
Application for a Permit
3.3.1 Application
To obtain a permit, the owner and/or an agent authorized in writing by
the owner shall file an application in writing by completing a prescribed
form available at the offices of the municipality or from the Building
Code website www.obc.mah.gov.on.ca . Forms prescribed by the
municipality under clause 7(f) of the Act shall be set out in Schedule
'E' to this by-law.
3.3.2 Every application for a permit shall be submitted to the CBO, and
contain the following information:
(1)
Where application is made for a construction permit under
Subsection 8 (1) the Act, the application shall:
(a) use the provincial application form, "Application for a Permit
to Construct or Demolish"; and
(b) include complete plans and specifications, documents and
other information as required by Div. C Part 1 1.3.1.3 of the
Building Code and as described in this by-law for the work to
be covered by the permit including:
i.
identify and describe in detail the work and
occupancy to be covered by the permit for which
application is made;
ii.
describe the land on which the work is to be done,
by a description that will readily identify and locate
the building lot;
iii.
state the valuation of the proposed work and be
accompanied by the required fee;
iv.
state the names, addresses and telephone numbers
of the owner, architect, engineer or other designer
and contractor, and
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(2) Where application is made for a ±epolitlo.h_J2£m±E±.under 5upsection
8 (1) of the Act, the application shall use the provincial application
form, ``Application for a Permit to Construct or Demolish''; and
(3) Where application is made for a londitlonal perTTi-L| under subsection
8(3) of the Act, the application shall:
(a) use the provincial application form, ``Application for a Permit
to Construct or Demolish'';
(b) include complete plans and specifications, documents and
other information as required by Div. C Part 11.3.1.3 of the
Building Code and as described in this by-law for the work to
be covered by the permit including:
i. identify and describe in detail the work and occupancy
to be covered by the permit for which application is
made;
ii. describetheland onwhichtheworkistobedone,by
a description that will readily identify and locate the
building lot;
iii. state the valuation of the proposed work and be
accompanied by the required fee;
iv. state the names, addresses and telephone numbers of
the owner, architect, engineer or other designer and
contractor, and
(a) state the reasons why the applicant believes that
unreasonable delays in construction would occur if a
conditional permit is not granted,
(b) 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
(c) state the time in which plans and specifications of the
complete building will be filed with the CBO.
(4) Partial permit
(a)When, in order to expedite work, approval of a portion of the
building is desired prior to the issuance of a permit for the
whole project, application shall be made for the complete
project and complete plans and specifications covering the
portion of work for which immediate approval is desired shall
be filed with the Municipality.
(b)Should a permit be issued for part of a building, the holder of
such permit may proceed without assurances that the permit
for the entire building will be granted.
(c) After issuance of the permit, application may be made for
revision of the permit and such application shall be made in
the same manner as for the original permit.
(5) Occupancy permit
(a)An Occupancy Permit will be issued in accordance with
Section 11 of the Building Code Act.
(b)All conditions outlined in Section 5 ``Site Plan'' of this by-law
must be completed.
3.3.3 An application for a permit shall be deemed to have been abandoned
six months (6) after the date of filing, unless such application has been
proceeded with by the applicant.
3.4 Chanaeof use permits
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(2)
Where application is made for a demolition permit under Subsection
8 (1) of the Act, the application shall use the provincial application
form, "Application for a Permit to Construct or Demolish"; and
(3)
Where application is made for a conditional permit under subsection
8(3) of the Act, the application shall:
(a) use the provincial application form, "Application for a Permit
to Construct or Demolish";
(b) include complete plans and specifications, documents and
other information as required by Div. C Part 1 1.3.1.3 of the
Building Code and as described in this by-law for the work to
be covered by the permit including:
i.
identify and describe in detail the work and occupancy
to be covered by the permit for which application is
made;
ii.
describe the land on which the work is to be done, by
a description that will readily identify and locate the
building lot;
iii.
state the valuation of the proposed work and be
accompanied by the required fee;
iv.
state the names, addresses and telephone numbers of
the owner, architect, engineer or other designer and
contractor, and
(a) state the reasons why the applicant believes that
unreasonable delays in construction would occur if a
conditional permit is not granted,
(b) 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
(c) state the time in which plans and specifications of the
complete building will be filed with the CBO.
(4)
Partial Permit
(a) When, in order to expedite work, approval of a portion of the
building is desired prior to the issuance of a permit for the
whole project, application shall be made for the complete
project and complete plans and specifications covering the
portion of work for which immediate approval is desired shall
be filed with the Municipality.
(b)Should a permit be issued for part of a building, the holder of
such permit may proceed without assurances that the permit
for the entire building will be granted.
( c) After issuance of the permit, application may be made for
revision of the permit and such application shall be made in
the same manner as for the original permit.
(5)
Occupancy Permit
(a) An Occupancy Permit will be issued in accordance with
Section 11 of the Building Code Act.
(b)AII conditions outlined in Section 5 "Site Plan" of this by-law
must be completed.
3.3.3 An application for a permit shall be deemed to have been abandoned
six months (6) after the date of filing, unless such application has been
proceeded with by the applicant.
3.4
Change of Use Permits
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3.4.1 Every application for a change of use permit issued under subsection
10(1) of the Act shall be submitted to the CBO, and shall:
(1) describethe building in which theoccupancy isto be changed, bya
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 the existing ``sewage system'', if any,
(4) beaccompanied bya required fee,
(5) state the name, address and telephone numberofthe owner,
(6) be signed by the ownerorhis or herauthorized agentwho shall certify
the truth of the contents of the application.
4.0 PLANS & SPECIFICATIONS
4,1 Sufficient information shall be submitted with each application for a
permit to enable the CBO 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, and whether or not it
may affect adjacent property.
4.2 Each application shall, unless otherwise specified by the CBO, be
accompanied by two (2) complete sets of the plans and specifications
required under this by-law.
4.3 Plans shall be drawn to scale on paper, orotherdurable material, shall
be legible and, without limiting the generality of the foregoing, shall
include such working drawings as set out in Schedule `D' to this by-law
unless otherwise specified by the CBO,
5.0 SITEPLAN
5.1 Site plans shall be referenced to an up-to-date survey and, when
required to demonstrate compliance with the Act, the Building Code or
other applicable law, a copy of the survey shall be submitted to the
CBO.
(1) Two (2) sets ofa site and LotGrading plan shall be submitted with the
Building Permit Application for new residential, commercial and
industrial buildings or structures.
(2) Thatthesiteplanshallshow:
(a)the proposed location of the building or structure, with
dimensions shown to all lot lines, and
(b)dimensional location of any existing building(s) or structures
on the property.
(3) Thatthe Lot Grading plan will be prepared by a registered Engineer,
Architect or Ontario Land Surveyor and will show the following details:
(a) Existing elevations at lot corners;
(b)Proposed elevations at lot corners and at each side of the
proposed building or structure;
(c) Proposed elevations for top of footings and top of foundation
walls;
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3.4.1 Every application for a change of use permit issued under subsection
10(1) of the Act shall be submitted to the CBO, 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 the existing "sewage system", if any,
(4 )
be accompanied by a required fee,
( 5 )
state the name, address and telephone number of the owner,
( 6 )
be signed by the owner or his or her authorized agent who shall certify
the truth of the contents of the application.
4.0
PLANS & SPECIFICATIONS
4.1
Sufficient information shall be submitted with each application for a
permit to enable the CBO 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, and whether or not it
may affect adjacent property.
4.2
Each application shall, unless otherwise specified by the CBO, be
accompanied by two (2) complete sets of the plans and specifications
required under this by-law.
4.3
Plans shall be drawn to scale on paper, or other durable material, shall
be legible and, without limiting the generality of the foregoing, shall
include such working drawings as set out in Schedule 'D' to this by-law
unless otherwise specified by the CBO.
5.0
SITE PLAN
5.1
Site Plans shall be referenced to an up-to-date survey and, when
required to demonstrate compliance with the Act, the Building Code or
other applicable law, a copy of the survey shall be submitted to the
CBO.
( 1 )
Two (2) sets of a Site and Lot Grading Plan shall be submitted with the
Building Permit Application for new residential, commercial and
industrial buildings or structures.
(2)
That the Site Plan shall show:
(a) the proposed location of the building or structure, with
dimensions shown to all lot lines, and
(b)dimensional location of any existing building(s) or structures
on the property.
( 3)
That the Lot Grading Plan will be prepared by a registered Engineer,
Architect or Ontario Land Surveyor and will show the following details:
(a) Existing elevations at lot corners;
(b) Proposed elevations at lot corners and at each side of the
proposed building or structure;
(c) Proposed elevations for top of footings and top of foundation
walls;
(d)All drainage swales, embankments, retaining walls and
catchbasins;
(e) Existing elevation of curb and/or street along the frontage of
the proposed building lot;
(f) Existing elevation of the lot corners on the abutting lots as
well as the existing elevation of the finished grades around
the structures located on these lots;
(g)An existing approved Subdivision Grading Plan will be
accepted for the above list requirements.
(4) Afoundation survey prepared and sealed by an ontario Land surveyor
will be submitted when requested to the CBO prior to the
commencement of framing. The survey will show:
(a) All yard dimensions from the foundation wall to the lot
lines;
(b) The elevation of the top of the foundation wall.
(5) Prior to an occupancy permit being issued, a written certificate
accompanied by a plan showing finished grades from a registered
Engineer, Architect or Ontario Land Surveyor confirming the lot
grading complies with the approved Grading Plan will be submitted to
the CBO.
(6) Due to weatherconditions, such as during the winter months, a
temporary occupancy permit can be issued prior to final lot grading at
the discretion of the CBO.
5.2 In lieu of separate specifications, the Municipality may allow the
essential information to be shown on the plans, but in no case shall
such terms as ``in accordance with this by-law'', ``Iegal" or similar terms
be used as substitutes for specific information.
6E0 FEESANDREFUNDS_
(1) The CBO shall determine the required fees forthe proposed work which
shall be calculated in accordance with the Fees & Tariffs By-law, as
amended and the applicant shall pay such fees prior to the issuance of
the permit.
(2) Any person or corporation who commences construction or changesthe
use of a building before a building permit has been issued, shall pay an
additional fee equal to 100°/o of the amount calculated as regular permit
fee, but in no case shall the additional fee exceed Two Thousand Dollars
($2,000 .00) .
(3) Refunds of permit fees shall be made in accordance with schedule ``B"
attached hereto, where an application has been withdrawn, or there has
been an abandonment of all or a portion of the work, or refusal of a
permit, or the non-commencement of any project.
7.0 CHANGINGOF PERMITFEES
7.1 In accordance with Div. C 1.9.1.2 of the Building code, a municipality,
prior to the passing of a by-law to introduce or change a fee imposed
for application for permits or for the issuance of permits shall:
(a) Hold at least one (1) public meeting at which any person who
attends has an opportunity to make representations with respect
to the matter;
(b) Provide a minimum of fourteen (14) days' notice of the public
meeting that is advertised in the local newspaper, placed on the
Municipality of Dutton Dunwi.ch's website and also given to every
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(4)
(d)AII drainage swales, embankments, retaining walls and
catchbasins;
(e) Existing elevation of curb and/or street along the frontage of
the proposed building lot;
(f) Existing elevation of the lot corners on the abutting lots as
well as the existing elevation of the finished grades around
the structures located on these lots;
(g)An existing approved Subdivision Grading Plan will be
accepted for the above list requirements.
A foundation survey prepared and sealed by an Ontario Land Surveyor
will be submitted when requested to the CBO prior to the
commencement of framing. The survey will show:
(a)
All yard dimensions from the foundation wall to the lot
lines;
(b)
The elevation of the top of the foundation wall.
( 5 )
Prior to an Occupancy Permit being issued, a written certificate
accompanied by a plan showing finished grades from a registered
Engineer, Architect or Ontario Land Surveyor confirming the lot
grading complies with the approved Grading Plan will be submitted to
the CBO.
(6)
Due to weather conditions, such as during the winter months, a
temporary occupancy permit can be issued prior to final lot grading at
the discretion of the CBO.
5.2
In lieu of separate specifications, the Municipality may allow the
essential information to be shown on the plans, but in no case shall
such terms as "in accordance with this by-law", "legal" or similar terms
be used as substitutes for specific information.
6.0
FEES AND REFUNDS
(1)
The CBO shall determine the required fees for the proposed work which
shall be calculated in accordance with the Fees & Tariffs By-law, as
amended and the applicant shall pay such fees prior to the issuance of
the permit.
( 2)
Any person or corporation who commences construction or changes the
use of a building before a building permit has been issued, shall pay an
additional fee equal to 100% of the amount calculated as regular permit
fee, but in no case shall the additional fee exceed Two Thousand Dollars
($2,000.00).
( 3 )
Refunds of permit fees shall be made in accordance with Schedule "B"
attached hereto, where an application has been withdrawn, or there has
been an abandonment of all or a portion of the work, or refusal of a
permit, or the non-commencement of any project.
7 .0
CHANGING OF PERMIT FEES
7.1
In accordance with Div. C 1.9.1.2 of the Building code, a municipality,
prior to the passing of a by-law to introduce or change a fee imposed
for application for permits or for the issuance of permits shall:
(a) Hold at least one (1) public meeting at which any person who
attends has an opportunity to make representations with respect
to the matter;
(b) Provide a minimum of fourteen (14) days' notice of the public
meeting that is advertised in the local newspaper, placed on the
Municipality of Dutton Dunwich's website and also given to every
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person and organization that has, within five (5) years before the
day of the meeting, requested such a notice.
(c) Ensure that the notice includes an estimate of the costs for
administering and enforcing the Act, the amount of the fee or any
change to the existing fee and the rationale for imposing or
changing the fee.
(d) The Building Department is responsible for maintaining the list of
persons or organizations requesting notice of amended permit
fees.
7.2 In accordance with subsection 7(4) of the Act, an annual report
outlining the fees and costs of Building Code enforcement shall be
prepared for publication on the Municipality's website or at the office of
the CBO. The Annual Report, as outlined in Div. C 1.9.1.1 of the
Building Code, requires the annual report to contain the following
information:
(a) The total fees collected in the 12 month period, ending no earlier
than three months before the release of the report;
(b) The direct costs of administering and enforcing the Act including
the review of the applications for permits and inspections of
buildings;
(c) The indirect cost of administering and enforcing the Act, including
support and overhead costs; and
(d) The amount of a reserve fund, if one has been established for any
purpose relating to the administration or enforcement of the Act.
8.0 I\loTICE OF REQUIRED II\ISPECTIol\IS
8.1 Unless otherwise approved, notices required by the regulations shall
be given to the CBO or an inspector at least 48 hours prior to the
event.
8.2 Inspections shall be called for in accordance with Div. C.1.3.5.1 of the
Building Code or Schedule `C' to this by-law.
8.3 With respectto``additional notices'' under Div. C.1.3.5.2 of the
BUHding Code, the owner or an authorized agent shall notify the CBO
or an inspector at least I_wenty-four (241 hours up to a maximum
of fortv-eight (481 hours prior to each stage of construction for
which notice in advance is required under the Building Code.
9.0 PRESCRIBING FORMS
9.01 The forms prescribed for use as applications for permits, for orders
and for inspection reports shall be as set out in Schedule `D' to this By-
law #2022-01.
10.0 AS CONSTRUCTED PLANS
10.01The CBO may require that a set of plans of a building or structure and
any class of buildings as constructed be filed with the CBO on
completion of construction under such conditions as may be prescribed
in the Building Code.
11.0 Col\lTRAVEl\ITIol\I OF BY-LAW -OFFEI\ICE
11.01Neither the granting of any permit nor the approval of the drawing or
any specifications, nor any inspections made by the CBO, or his/her
authorized agent, shall in anyway relieve the owner of such building, or
the person responsible for the provision of service, labour or materials
to the building from the full and sole responsibility for carrying out the
work or satisfying the requirements of this by-law, the Bu/'/d/.ng Code
Act., and any other applicable legislation.
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person and organization that has, within five (5) years before the
day of the meeting, requested such a notice.
(c) Ensure that the notice includes an estimate of the costs for
administering and enforcing the Act, the amount of the fee or any
change to the existing fee and the rationale for imposing or
changing the fee.
(d) The Building Department is responsible for maintaining the list of
persons or organizations requesting notice of amended permit
fees.
7.2
In accordance with subsection 7(4) of the Act, an annual report
outlining the fees and costs of Building Code enforcement shall be
prepared for publication on the Municipality's website or at the office of
the CBO. The Annual Report, as outlined in Div. C 1.9.1.1 of the
Building Code, requires the annual report to contain the following
information:
(a) The total fees collected in the 12 month period, ending no earlier
than three months before the release of the report;
(b) The direct costs of administering and enforcing the Act including
the review of the applications for permits and inspections of
buildings;
(c) The indirect cost of administering and enforcing the Act, including
support and overhead costs; and
(d) The amount of a reserve fund, if one has been established for any
purpose relating to the administration or enforcement of the Act.
8.0
NOTICE OF REQUIRED INSPECTIONS
8.1
Unless otherwise approved, notices required by the regulations shall
be given to the CBO or an inspector at least 48 hours prior to the
event.
8.2
Inspections shall be called for in accordance with Div. C. 1.3.5.1 of the
Building Code or Schedule 'C' to this by-law.
8.3
With respect to "additional notices" under Div. C. 1.3.5.2 of the
Building Code, the owner or an authorized agent shall notify the CBO
or an inspector at least twenty-four (24) hours up to a maximum
of forty-eight (48) hours prior to each stage of construction for
which notice in advance is required under the Building Code.
9.0
PRESCRIBING FORMS
9.01 The forms prescribed for use as applications for permits, for orders
and for inspection reports shall be as set out in Schedule 'D' to this By
law #2022-01.
10.0 AS CONSTRUCTED PLANS
10.01The CBO may require that a set of plans of a building or structure and
any class of buildings as constructed be filed with the CBO on
completion of construction under such conditions as may be prescribed
in the Building Code.
11.0 CONTRAVENTION OF BY-LAW - OFFENCE
11.01Neither the granting of any permit nor the approval of the drawing or
any specifications, nor any inspections made by the CBO, or his/her
authorized agent, shall in anyway relieve the owner of such building, or
the person responsible for the provision of service, labour or materials
to the building from the full and sole responsibility for carrying out the
work or satisfying the requirements of this by-law, the Building Code
Act, and any other applicable legislation.
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Every person who contravenes any provision of this by-law is guilty of
an offence and on conviction is liable to a fine as provided in Sections
36 of the But./d/.ng Code Act and any other applicable legislation.
12.0 REPEAL CLAUSE
12.01That any by-law contrary to this by-law shall be repealed.
13.0 DATE & EFFECT
This by-law shall come into force and effect on January 2, 2022.
7lp a g e
READ a first and second time this 12th day of January, 2022.
READ a third time and finally passed this 12th day of January, 2022.
y p
0
Every person who contravenes any provision of this by-law is guilty of
an offence and on conviction is liable to a fine as provided in Sections
36 of the Building Code Act and any other applicable legislation.
12.0 REPEAL CLAUSE
12.01That any by-law contrary to this by-law shall be repealed.
13.0 DATE & EFFECT
This by-law shall come into force and effect on January 2, 2022.
READ a first and second time this 12P day of January, 2022.
READ a third time and finally passed this 12Q day of January, 2022.
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7 IP a ge
``Building Permit"
SCHEDULE `A'
TO BY-LAW #2022-01
RESPECTING CLASSES OF PERMITS
This permit is used for all types of construction governed
by the Building Code, including renovation work (Part 11),
farm buildings, heating, ventilation, air conditioning and
industrial structures.
"Change of Use Permit" This permit is used where a change in use would result in
an increase in hazard (as determined under Div. C 1.3.1.4
of the Building Code) even though no construction is
proposed.
``Conditional permit" This permit may be issued at the discretion of the cBo to
authorize any stage of construction, even though all of the
requirements under subsection 8(2) of the Act have not
been met (i.e. compliance with some applicable law). The
requirement of clauses 8 (3) (a), (b) and (c) of the Act
must, however, be complied with before a conditional
permit may be issued.
``Demolition Permit"
This permit governs both the type and method of
demolition under the Building Code. If the building meets
certain criteria as outlined in Div. C 1.2.2.3 of the Building
Code, a professional engineer is to be retained to
undertake a general review of the project during
demolition .
``Occupancy permit" As required in section 11 of the Building code Act.
``Partial permit'' 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 CBO. 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.
``Sewage System"
``Si9n Permit"
Div. C 1.3.1.3 of the Building Code.
This class of permit is used in respect of structural
requirements for signs contained in Div. 8 Section 3.15
the Building Code. Smaller or other types of signs are
controlled by by-law under the Wur7t.ct.pa/ Act, 2001, as
amended.
"Swimming Pool Fence" As per current Municipal Zoning By-law and Swimming
Pool and Fence By-law #2017-58.
8lp a g e
SCHEDULE 'A'
TO BY-LAW #2022-01
RESPECTING CLASSES OF PERMITS
"Building Permit"
This permit is used for all types of construction governed
by the Building Code, including renovation work (Part 11),
farm buildings, heating, ventilation, air conditioning and
industrial structures.
"Change of Use Permit" This permit is used where a change in use would result in
an increase in hazard (as determined under Div. C 1.3.1.4
of the Building Code) even though no construction is
proposed.
"Conditional Permit"
This permit may be issued at the discretion of the CBO to
authorize any stage of construction, even though all of the
requirements under subsection 8(2) of the Act have not
been met (i.e. compliance with some applicable law). The
requirement of clauses 8 (3) (a), (b) and (c) of the Act
must, however, be complied with before a conditional
permit may be issued.
"Demolition Permit"
This permit governs both the type and method of
demolition under the Building Code. If the building meets
certain criteria as outlined in Div. C 1.2.2.3 of the Building
Code, a professional engineer is to be retained to
undertake a general review of the project during
demolition.
"Occupancy Permit"
As required in Section 11 of the Building Code Act.
"Partial Permit"
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 CBO. 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.
"Sewage System"
Div. C 1.3.1.3 of the Building Code.
"Sign Permit"
This class of permit is used in respect of structural
requirements for signs contained in Div. B Section 3.15
the Building Code. Smaller or other types of signs are
controlled by by-law under the Municipal Act, 2001, as
amended.
"Swimming Pool Fence" As per current Municipal Zoning By-law and Swimming
Pool and Fence By-law #2017-58.
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SCHEDULE `8'
TO BY-LAW #2022-01
REFUNDS
Pursuant to Section 6 of this by-law, fees may be refunded based on the following
calculations:
(a) 95°/o, if administration functions only have been performed (receive application
and process payment).
(b) 85%, if permit has been issued and no inspections have been done.
(c) $40.00 shall be deducted for each field inspection performed after the permit
has been issued.
9lpage
SCHEDULE 'B'
TO BY-LAW #2022-01
REFUNDS
Pursuant to Section 6 of this by-law, fees may be refunded based on the following
calculations:
( a )
95%, if administration functions only have been performed ( receive application
and process payment) .
(b)
85%, if permit has been issued and no inspections have been done.
(c)
$40.00 shall be deducted for each field inspection performed after the permit
has been issued.
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SCHEDULE `C'
TO BY-LAW #2022-01
INSPECTIONS
The CBO shall be given forty-eight (48) hrs notice for the following
inspections=
Buildina:
- Footing, priorto pouring
- Foundation, priorto backfilling
- Completion of structural framing
- Plumbing rough-in inspection (water and/or airtest)
- Completion of duct work and piping for heating, ventilation and air
conditioning systems
- Completion of insulation &vapor barrier priorto covering
- Commencement of construction re: solid-fuel fired appliances and
associated chimneys
- Substantial completion of fire separations and fire protection equipment
and emergency lighting
- Substantial completion of interior and exterior finishes
- Septicsystem
- Subgrade inspection
- System completed and ready to backfill
- Final foroccupancy permit
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SCHEDULE 'C'
TO BY-LAW #2022-01
INSPECTIONS
The CBO shall be given forty-eight (48) hrs notice for the following
inspections:
Building:
-
Footing, prior to pouring
-
Foundation, prior to backfilling
-
Completion of structural framing
-
Plumbing rough-in inspection (water and/or air test)
-
Completion of duct work and piping for heating, ventilation and air
conditioning systems
-
Completion of insulation & vapor barrier prior to covering
-
Commencement of construction re: solid-fuel fired appliances and
associated chimneys
-
Substantial completion of fire separations and fire protection equipment
and emergency lighting
-
Substantial completion of interior and exterior finishes
-
Septic system
-
Subgrade inspection
-
System completed and ready to backfill
-
Final for Occupancy Permit
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SCHEDULE `D'
TO BY-LAW #2022-01
PRESCRIBED WORl(ING DRAWINGS
List of Plans or Working Drawings to accompany application for
permits:
(a) Site plan and Drainage survey, ifapplicable.
(b) Floorplans
(c) Foundation plans
(d) Framing plans
(e) Roof plans
(f) Reflected ceiling plans
(g) Plumbingplans
(h) Sewage system plans
(i) Sections and Details
(j) Building Elevations
(k) Electrical Drawings
(I) Heating, Ventilation and Air conditioning Drawings
(in) FireAlarm plans
NOTE: The CBO may specify that not all the above mentioned plans
are required to accompany an application for a permit,
11 lp a g e
SCHEDULE 'D'
TO BY-LAW #2022-01
PRESCRIBED WORKING DRAWINGS
List of Plans or Working Drawings to accompany application for
permits:
(a)
Site Plan and Drainage Survey, if applicable.
(b)
Floor Plans
(c)
Foundation Plans
(d)
Framing Plans
(e)
Roof Plans
(f)
Reflected Ceiling Plans
(g)
Plumbing Plans
(h)
Sewage System Plans
(i)
Sections and Details
(j )
Building Elevations
(k)
Electrical Drawings
(I)
Heating, Ventilation and Air Conditioning Drawings
(m)
Fire Alarm Plans
NOTE: The CBO may specify that not all the above mentioned plans
are required to accompany an application for a permit.
11 [P a g
SCHEDULE `E'
TO BY-LAW #2022-01
PRESCRIBED FORMS
a) Application for a Permit to Construct or Demolish [Ontario Building Code
(OBC), Div. C 1.3]
b) Schedule 1 -Designer Information [Permit Application (06/07)]
c) Schedule 2 -Sewage System lnstaller Information [Permit Application
06/07)]
d) Energy Efficiency Design Summary
e) Order to Comply [Pursuant to Subsection 12(2) of the Bu/./d/.r)g Code Act,
I 992]
f) Stop Work Order [Pursuant to Subsection 14(1) of the Bui./d+'ng Code Act,
J992]
g) Order Not to Cover or Enclose [Pursuant to Subsection 13(1) of the Bu/./d/.r]g
Code Act, ]992]
h) Order to Uncover [Pursuant to Subsection 13(6) of the Bu/./d/.r}g Code, Act,
I 992]
i) Order to Remedy an unsafe Building (Pursuant to Subsection 15.9 (1) of the
Building Code Act, 1992)
j) Order Respecting Occupancy (Pursuant to Subsection 15.9 (6) of the Bu/./d/.ng
Code Act, 1992)
k) Emergency Order Where Immediate Danger (Pursuant to Subsection 15.10
(I) Of the Building Code Act, 1992)
I) Order Requiring Tests and samples [Pursuant to subsection 18(1)(f) of the
Building Code Act, 1992|
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SCHEDULE 'E'
TO BY-LAW #2022-01
PRESCRIBED FORMS
a) Application for a Permit to Construct or Demolish [Ontario Building Code
(OBC), Div. C 1.3]
b) Schedule 1 - Designer Information [Permit Application (06/07)]
c) Schedule 2 - Sewage System Installer Information [Permit Application
06/07)]
d) Energy Efficiency Design Summary
e) Order to Comply [Pursuant to Subsection 12(2) of the Building Code Act,
1992]
f)
Stop Work Order [Pursuant to Subsection 14(1) of the Building Code Act,
1992]
g) Order Not to Cover or Enclose [Pursuant to Subsection 13(1) of the Building
Code Act, 1992]
h) Order to Uncover (Pursuant to Subsection 13(6) of the Building Code, Act,
1992]
i)
Order to Remedy an Unsafe Building (Pursuant to Subsection 15.9 (1) of the
Building Code Act, 1992)
j )
Order Respecting Occupancy (Pursuant to Subsection 15.9 (6) of the Building
Code Act, 1992)
k) Emergency Order Where Immediate Danger (Pursuant to Subsection 15.10
( 1) of the Building Code Act, 1992)
I)
Order Requiring Tests and Samples [Pursuant to Subsection 18(1)(f) of the
Building Code Act, 1992]
12 1P a g e
SCHEDULE `F'
TO BY-LAW #2022-01
ACKNOWLEDGEMENT
Required for Industrial Wind Turbines
Schedule `F' must be submitted with the completed ``Application for a Permit
to Construct or Demolish" form (or any subsequent updated/revised form that
may be issued by the Ministry).
the applicant acknowledge as property (site)
(Signature of Applicant)
Owner are aware of Dutton Dunwich's Industrial Wind Turbine By-laws; perm.it
requirements and fees, including decommissioning costs and obligations. I
confirm I have attached with this acknowledgement a commitment to engineer
site plan and drainage survey for each Industrial Wind Turbine.
13 'P a g e
SCHEDULE 'F'
TO BY-LAW #2022-01
ACKNOWLEDGEMENT
Required for Industrial Wind Turbines
Schedule 'F' must be submitted with the completed "Application for a Permit
to Construct or Demolish" form (or any subsequent updated/revised form that
may be issued by the Ministry).
I
the applicant acknowledge as property (site)
(Signature of Applicant)
Owner are aware of Dutton Dunwich's Industrial Wind Turbine By-laws; permit
requirements and fees, including decommissioning costs and obligations. I
confirm I have attached with this acknowledgement a commitment to engineer
site plan and drainage survey for each Industrial Wind Turbine.
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