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By-Law Number707
A by-law respecting the Issuance
Of various permits
And
The scheduling of inspections
Whereas the Council of The Corporation of the Town of Essex is responsible for the enforcement of the
Building Code Act, 1992, within the boundaries of the Town of Essex;
And Whereas, Section 7 of the said Building Code Act authorizes the councils of municipalities to pass By
laws respecting the issuance of construction, demolition and change of use permits;
Now therefore be it resolved that the Council of the Town of Essex enacts as follows:
1. Short Title
This By-Law may be cited as the "Building By-Law".
2. Definitions and Word Usage
(1) (a)
"Act" mean the Building Code Act Chapter 23 R.S.O. 1992, as amended.
(b) "actual value of construction" means the actual value of the work and materials
incorporated into the work thereof and all costs necessarily incidental to the subject
matter of construction.
(c) "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.
(d) "Building" means,
(i)
a structure occupying an area greater than ten square metres consisting of a wall,
roof and floor or any of them or a structure system serving the function thereof
including all plumbing, works, fixtures and service systems appurtenant thereto,
(ii)
a structure occupying an area of ten square metres or less that contains plumbing,
including the plumbing appurtenant thereto,
(iii) plumbing not located in a structure, or
(iv) structures designated in the Building Code
(e) "Building Code" means the regulations made under Section 34 of the Act.
(f)
"business day" means any day other than a holiday as defined in the Interpretation Act,
R.S.O. 1990, Saturday, Boxing Day or day proclaimed by the head of Council to be a civic
holiday.
(g) "Chief Building Official" means the person appointed by Council to enforce the Act
within the Town of Essex under Section 3 of the Act.
(h) "Chief Fire Official" means the Fire Chief, (Acting or Otherwise) of the Corporation or
other such qualified person as appointed by Council.
(i)
"Corporation" means The Corporation of the Town of Essex.
(j)
"Council" means the Council of the Corporation of the Town of Essex.
(k) "estimated value of the work" means the estimated value of the work and materials to
be incorporated into the work thereof and all costs necessarily incidental to the subject
matter of construction.
(l)
"lot" means a parcel of land, the boundaries of which are on record in the Registry Office
for the Registry or Land titles Division of the County of Essex (No. 12).
(m) "owner" means the person who appears as the owner of a Lot according to the records of
the Land Registry Office or a person named under an accepted agreement of purchase
and letter of authorization signed by the owner or a lessee who under the terms of a lease
is authorized to maintain, alter, improve or repair the property.
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(n) "parking lot" means an area which is used or capable of being used to park more than
four (4) motor vehicles.
(o) "permit" means a written authorization issued by the Chief Building Official to perform
work regulated by the Act and the Building Code or to occupy a building or part thereof.
(p)
"permit holder" means the person to who the permit has been issued and who assumes
the primary responsibility for comply with the Act and the Building Code.
(q) "person" means any individual, association, partnership, company, corporation, firm,
agent, trustee and the heirs, executors, or other legal representative of any of the
foregoing.
(r)
"plan check" means the review of revised drawings or working drawings which are
submitted to the Building Department after the permit has been issued.
(s)
"Registered Code Agency" means a registered code agency as defined in the Subsection
1(1) of the Act.
3. Appointments
Each person whose name is set out in Column 2 of Schedule A to the By-Law is hereby appointed to
the position set out beside that person's name in the Column 1 thereof.
4. Code of Conduct For Building Officials
Each person listed in Schedule A to this By-Law shall be governed by the Code of Conduct set out in
Schedule B to this By-Law, with respect to exercising powers and performing duties under the
Building Code Act.
5. Requirements To Obtain A Permit
An application must be filed on the forms prescribed. To obtain a permit, the owner or an agent
authorized in writing by the owner shall file an application in writing by completing a prescribed
form available from the Chief Building Official or from the Building Code website. Application forms
prescribed by the Corporation under Clause 7(f) of the Act are set out in Schedule C to this By-Law.
Building Permits
Every application for a permit shall be submitted to the Chief Building Official, and contain the
following information:
(1) Where application is made for a construction permit under subsection (8) the Act, the
application shall:
(a) use the provincial application form, "Application for a Permit to Construct or Demolish" as
set out in Schedule C of this By-Law; and
(b) include complete plans and specifications, documents and other information as required
by Article 2.4.1.1B of the Building Code as prescribed in Schedule D of this By-Law, and
(c) include completed form as set out in Schedule E where applicable.
Demolition Permits
Every application for a permit shall be submitted to the Chief Building Official, and contain the
following information:
(1) Where application is made for a demolition permit under subsection (8) the Act, the application
shall:
(a) use the provincial application form "Application for a Permit to Construct or Demolish" as
set out in Schedule C of this By-Law; and
(b) include complete plans and specifications, documents and other information as required
by Article 2.4.1B and Sentence 2.4.1.1(2) of the Building Code and other prescribed in
Schedule D of this By-Law and;
(c) include completed form as set out in Schedule E where applicable, and
(d) be accompanied by confirmation that:
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(i)
arrangements have been made with the proper authorities for the safe and
complete disconnection of all existing water, sewer, gas, electric, telephone and
other utilities; and
(ii)
the owner will comply with the Town's Property Standards By-Law at the
completion of demolition.
Conditional Permits
Every application for permit shall be submitted to the Chief Building Official, and contain the
following information:
(1)
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" as
set out in Schedule C of this By-Law; and
(b) include complete plans and specifications, documents and other information as required
by Article 2.4.1.1B of the Building Code and other information as prescribed in Schedule D
of this By-law and
(c) state the reasons why the applicant believes that unreasonable delays in construction
would occur if a conditional permit is not granted;
(d) 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
(e) state the time in which plans and specifications of the complete building will be filed wit
the "Chief Building Official".
Change of Use Permit
Every application for a permit shall be submitted to the Chief Building Official, and contain the
following information:
(1) Where application is made for a change of use permit issued under subsection 10(1) of the Act
the application shall:
(a) use the prescribed from of Schedule F of this By-Law;
(b) describe the building in which the occupancy is to be changed, by a description that will
readily identify and locate the building;
(c) identify and describe in detail the current and proposed occupancies of the building or
part of a building for which the application is made;
(d) include complete 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;
Partial Occupancy Permit
Every application for a permit shall be submitted to the Chief Building Official, and contain the
following information:
(1) An application for a Partial Occupancy Permit shall be in writing, signed by the owner or the
authorized agent of the owner and;
(a) shall include a statement indicating the expected occupancy dates and;
(b) the portions of the building to be occupied; and
(c)
obtain all necessary permits and approvals from other municipal departments or outside
agencies having jurisdiction; and
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6. Requirements For Plans And Specifications
(1) Every applicant shall submit sufficient plans, specifications, documents and other information
to enable the Chief Building Official to determine whether the proposed building, construction,
demolition or change of use will contravene the Act, the building code or any other applicable
law.
(2) The Chief Building Official shall determine the plans, specifications, documents and other
information required to be submitted with an application in order to deem it complete
according to sentence 2.4.1.1B.(5) of the building code having regard for:
(a) The scope of the proposed work;
(b) The requirements of the building code, the Act and other applicable law; and
(c)
The requirements of this Section and Schedule "D" to this By-Law.
(3) Plans, specifications, documents and other information shall be submitted in a permanent
medium upon paper or other suitable and durable material and shall contain text that is legible
and drawings that are legible, complete, fully dimensioned and to scale.
(4) Site plans shall be referenced to a current plan of survey and a copy of the survey shall
accompany the Site Plan Submission except where the Chief Building Official waives the
requirement to do so. Site plans shall show
(a) lot size and dimensions of property lines and setbacks to any existing or proposed
building(s);
(b) existing and finished ground levels or grades, and
(c) existing right-of-way, easements and municipal services.
(d) location of fire routes
(5) On the completion of the foundation for a detached, semi-detached, triplex, fourplex or
townhouse dwelling, the Chief Building Official may require submission of a survey prepared by
an Ontario Land Surveyor indicating the location and elevation of the top of the foundation
wall, prior to a framing inspection being undertaken.
(6) On the completion of the construction of a building, or part of a building, the Chief Building
Official may require submission of a set of plans of the building or part of a building, as
constructed, together with a plan of survey prepared and certified by an Ontario Land Surveyor
showing the location of the building.
7. Authorization of Equivalents
(1) 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 application shall submit:
(a) a description of the proposed location(s) the equivalent is proposed to be installed;
(b) a description of the proposed material, system or building design for which authorization
is sought;
(c) a description of all applicable provisions of the building code in contravention;
(d) supporting documentation demonstrating that the proposed material, system or building
design will provide the level of performance required by the building code; and
(2) The Chief Building Official or registered code agency may accept or reject any proposed
equivalents or may impose conditions or limitation on their use.
(3) Equivalents which are accepted under this Section shall be applicable only to the location
described in 7(1)(b) in this Section, and are not transferable to any other building permit.
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8. Revision To Permit
(1) In the event that a material change is made to the plans, specifications, documents or other
information on the basis of which a permit was issued, the owner or authorized agent shall:
(a) submit revised plans and specifications illustrating the changes and any support
documentation as may be requested by the Chief Building Official; and
(b) remit the additional fee to the Chief Building Official. In the event the area of work is
reduced, there shall be no refund.
9. Permit Revocation Abandonment And Transfers
(a) An application for a permit shall be deemed to have been abandoned twelve (12) months
after the date of filing of the application with the Chief Building Official unless a permit
has been issued.
(b) Where the application has been abandoned, withdrawn or denied, the drawings, plans
and design calculations (if applicable) filed with the application will be returned and the
fees will be refunded without interest thereon in accordance with Schedule "G".
(c) When a permit has been revoked by the Chief Building Official in accordance with the Act,
or the owner and/or applicant has requested a cancellation of the permit, fees shall be
refunded in accordance with Schedule "G".
(d) No permit may be transferred unless an application to transfer has been made in a form as
prescribed by the Chief Building Official and payment of the fees set out in Schedule "H"
has been made and Section 8 of the Act has been applied with.
10. Payment of Fees
(1)
Upon application for a permit or transfer of a permit and for each plan check, the owner shall:
(a) provide proof of payment of any levies, development charges and deposits; and
(b) remit the fees set out in Schedule "H".
11. Fencing and Barricades
(1) Every person to whom a permit is issued shall maintain a fence to enclose the site of the
construction or demolition.
(2) Covered Way Exceptions
(a) Where the construction may constitute a hazard to the public, work shall not commence
on the construction, alteration or repair of a building until a covered way, as described in
subsection (3) hereof, has been provided to protect the public, except where:
(i)
the work is done within a solid enclosure;
(ii)
the building is a distance of 2 metres (6.5 feet) or more from a public way used by
pedestrians; or
(iii) site conditions warrant a distance greater than provided in clause (ii) hereof.
(3) Covered Way Construction
(a) A covered way shall:
(i)
have a clear height of not less than 2.5 metres (8 feet);
(ii)
have a clear width of not less than 1.5 metres (5 feet) or the width of the public
way, whichever is the lesser;
(iii) be designed and constructed to support safely all loads that may be reasonably
expected to be applied to it, but in no case less than 2.4kPa (50 psf) on the roof;
(iv) have a weather-tight roof sloped towards the site or, if flat, be equipped with a
splash board not less than 300 millimetres (12 inches) high on the street side:
(v) be totally enclosed on the site side with a structure having a reasonably smooth
surface facing the public way;
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(vi) have a railing 1070 millimetres (42 inches) high on the street side where the
covered way is supported by posts on the street side; and
(vii) be adequately lighted when the public way is lighted.
(4) Fencing, Boarding and Barricades
(a) When a construction or demolition activity may constitute a hazard to the public and is
located 2 metres (6.5 feet) or more from a public way, a strongly constructed fence,
boarding or barricade not less than 1.8 metres (6 feet) high shall be erected between the
site and the public way or open sides of a construction site.
(b) Barricades shall have a reasonably smooth surface facing the public way and shall be
without openings except those required for access.
(c)
Access openings through barricades shall be equipped with gates which shall be:
(i)
kept closed and locked when the site is unattended; and
(ii)
maintained in place until completion of the construction or demolition activity.
(5) Fencing, Boarding or Barricades
Subsection (4) hereof does not apply to one or two units dwellings. One or two unit dwellings
shall have signs posted in a prominent place stating "Do Not Enter - Construction Zone".
(6) Special Hazards
(7) Work Shutdown
(i)
When work on a construction site is suspended or ceases so that it will not be
occupied during normal working hours, the hazardous part of the construction
site shall be protected by a fence or barricade constructed according to the
requirements of subsection 4 hereof.
12. Registered Code Agencies
(1) Registered Code Agencies shall be used only during work overloads and for specialized
projects.
(2) Council may authorize the Chief Building Official to enter into service agreements with
Registered Code Agencies and appoint them to perform one or more of the specified functions
described in Section 15.15 of the Act.
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13. Inspection Notices
(1)
The permit holder shall notify the Chief Building Official or a Registered Code Agency where
one is appointed, of each stage of construction as listed in Schedule I. In addition, the permit
holder shall provide the notice of completion as prescribed by Section 11 of the Act, or where
occupancy is required prior to completion, notice of inspection to ensure that the
requirements of Section 11 of the Act and subsection 2.4.3 of the Building Code are complied
with.
(2)
A notice pursuant to this Part of the By-Law is not effective until notice is actually received by
the Chief Building Official or the Registered Code Agency.
(3)
Upon receipt of proper notice, the inspector or a Registered Code Agency, if one is appointed,
shall undertake a site inspection of the building to which the notices relates in accordance
with the time periods stated in Article 2.4.5.3 of the Building Code and Section 11 of the Act.
14. Severability
(1)
Schedules "A" to "K", inclusive, annexed hereto, shall form part of this By-law.
(2)
Should any section, subsection, 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 this By-law as a
whole or any part thereof, other than the part so declared to be invalid.
(3)
By-Law #646 and By-Law #243 are hereby repealed.
Read a first, second, third time and finally passed this 19th day of December, 2005.
Mayor
Clerk
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Schedule "A"
To By-Law Number 707
Appointments
Item
Column 1
1.
Chief Building Official Ward 1 & 2
2.
Chief Building Official Ward 3 & 4
3.
Building/Fire Clerk
4.
Building/Fire Clerk
5.
Acting Fire Chief
6.
Fire Inspector
Column 2
Wayne Mills
Kevin Carter
Glenda Beneteau
Shelley Marchand
Ed Pillon
Sam Smith
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Schedule "B"
To By-Law Number 707
Code Of Conduct For Building Officials
Purpose
The following are the purposes of this code of conduct:
1. To promote appropriate standards of behaviour and enforcement actions by the Chief Building Official
and inspectors in the exercise of a power or the performance of a duty under the Building Code Act or
the building code.
2. To prevent practices, which may constitute or abuse of power, including unethical or illegal practices,
by the Chief Building Official and inspectors in the exercise of power or the power or the performance
of a duty under the Building Code Act or the building code.
3. To promote appropriate standards of honesty and integrity in the exercise of a power or the
performance of a duty under the Building Code Act or the building code by the Chief Building Official
and inspectors.
Enforcement Guidelines
Compliance with this code of conduct shall constitute a condition of employment as a Chief Building Official
or inspector appointed under the Building Code Act. Any appointed Chief Building Official or inspector who
fails to act in accordance with the provisions of this code may be subject to disciplinary action appropriate
to the seriousness of the breach. All allegations concerning a breach of this code shall be made in writing.
Any person who has reason to believe that this code of conduct has been breached may bring the matter to
the attention of the Chief Building Official. Where the allegation concerns the actions of the Chief Building
Official, the matter may be brought to the attention of the Chief Administrative Officer.
Any Chief Building Official or senior staff person who receives information in writing concerning a significant
breach of this code shall investigate the matter, and where appropriate shall commence disciplinary action
in accordance with the employment standards of the place of work. All communications received by a Chief
Building Official or senior staff person concerning a breach of this code shall be held in confidence. The
Chief Building Official or senior staff person shall advise Chief Administrative Officer in writing about the
particulars of the alleged breach, its investigation and the final disposition of the matter upon its conclusion.
Code of Conduct
In exercising powers and performing duties under the Building Code Act, the Chief Building Official and
inspectors shall:
1. Exercise powers in accordance with the provisions of the Building Code Act, the Ontario Building Code
and other applicable law that governs the authorization, construction, occupancy and safety of buildings
and designated structures, and the actions, duties and qualifications of the Chief Building Officials and
Inspectors;
2. Act to identify and enforce compliance where significant contraventions of the Act or regulations are
known to exist;
3. Apply all relevant building laws, regulations and standards in a consistent and fair manner, independent
of any influence by council members or interested parties;
4. Not accept any personal benefit which may create a conflict with their duties; or perform duties where a
personal interest my create a conflict;
5. Obtain the counsel of persons with expertise where the Chief Building Official or inspector does not
possess sufficient knowledge to make an informed judgment; and
6. Act honestly, reasonably and professionally in the discharge of their duties.
The Town of Essex's Conflict of Interest Policy shall supercede the Code of Conduct for Building Officials
Ontario Lo
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Schedule "C"
To by-law Number 707
Ministry of Municipal
Application for a Permit to
Affairs and Housing
Construct or Demolish
[Ontario Building Code (OBC), Article 2.4.1.1A/(2)]
For use of Municipality, Upper tier Municipality, Board of Health or Conservation Authority
Application number:
Permit number (if different):
Date received (yyy/mm/dd):
Roll number:
Submitted to:
(Name of municipality, upper-tier municipality, board of health or conservation authority)
A) Applicant Information - Applicant is the owner or, the authorized agent of the owner.
(If corporation or partnership, name the person applying on its behalf)
Last Name
First Name
Middle
Initial
Corporation or Partnership (if applicable
Full Address
Building Number
Street Name
Unit
Number
Lot/con.
Municipality
Province Postal
Code
Country
Telephone
(
)
Fax Number (optional)
(
)
Cell Number (optional)
(
)
E-Mail Address (optional)
B) Owner Information - if different from applicant
(If corporation or partnership, name of person applying on its behalf)
Last Name
First Name
Middle
Initial
Corporation or Partnership (if applicable)
Full Address
Building Number
Street Name
Unit
Number
Lot/con.
Municipality
Province
Postal Code
Country
Telephone
(
)
Fax Number (optional)
(
)
Cell Number (optional)
(
)
C) Project Information
Full Address of Project
Building Number
Street Name
Unit
Number
Lot/con.
________________________________________________________________________________________________
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Municipality
Province
Postal Code
Country
Plan
Number
Lot/Parcel Number
Other Local Information
Project Value Estimated at
$
D) Purpose of application
Construction of a new building
Demolition
Alteration/repair or addition to an existing Conditional permit [Building Code Act, 1992 s
building
8 (3)]
Proposed use of building : ______________________________________________________________________________
Current use of building (if applicable) ___________________________________________________________________
Description of proposed work: _________________________________________________________________________
E) Ontario New Home Warranties Plan (ONHWP) a.k.a. TARION
Is proposed construction for a home as defined in the ONHWP Act?
Yes
No
Is registration of the applicant for the permit required under the ONHWP Act
Yes
No
If Yes, provide Registration Number under ONHWP Act: ____________________
F) On-site sewage system (if applicable)
Where application is to construct on-site, install, or repair a sewage system,
Schedule 1a is attached or
Schedule 1b is to be submitted prior to commencement of
construction [OBC Article 2.4.5.5.]
G) Applicable law [OBC Sentence 1.1.3.3.(1)] - Attach Schedule 2 if documents establishing
compliance with applicable law are being submitted
H) Designer information - Attach Schedule 3 (one of each individual who reviews and takes
responsibility for design activities)
I) Registered Code Agency (RCA) - where RCA has been appointed under Section 4.2 of the
Building Code Act, 1992 a Plans Review Certificate must be attached
J) Plans and specifications information
Attach types and quantities of plans and specifications for the proposed construction or demolition that are
prescribed by the By-law, resolution or regulation of the municipality, upper-tier municipality, board of
health or conversation authority to which this application is made.
K) Declaration of applicant
I _______________________________________________________________________ certify that:
(print name)
_______________________
______________________________________
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1. The information contained in this application, attached schedules, attached plans and specifications,
and other attached documentation is true to the best of my knowledge.
2. I have authority to bind the corporation or partnership (if applicable).
(Date)
(Signature of Applicant)
Personal information contained in this form and schedules is collected under the authority of subsection
8(1.1) of the Building Code Act, 1992, and will be used in the administration and enforcement of the Building
Code Act, 1992. Questions about the collection of personal information may be addressed to: a) the Chief
Building Official of the municipality or upper-tier municipality to which this application is being made, b)
the inspector having the powers and duties of a Chief Building Official in relation to sewage systems or
plumbing for an upper-tier municipality, board of health or conservation authority to whom this application
is made, or, c) Director, Building and Development Branch Ministry of Municipal Affairs and Housing 777
Bay St., 2nd Flr., Toronto, M5G 2E5 (416) 585-6666.
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Schedule "D" (Part A)
To By-Law Number707
Documents & Drawings Required For Permit Application
Row
Class of Permit
Documents and Drawings Required
1.
Building Permit
esidential (Part 9 Buildings)
Detached houses
Semi Detached houses
Triplexes
Fourplexes
Townhouses
R
-
-
-
-
-
Documents
a)
Confirmation of compliance with applicable law
b) Mechanical Ventilation Design Summary (more
than 4 bedrooms)
c)
TARION Registration form
d)
Part 8 Septic System approvals (if on septic tank)
Drawings
a)
Approved Site Plan
b) Architectural Drawings
c)
Structural Drawings
2.
Building Permit
Residential
-
Alterations
-
Additions
-
Accessory Buildings
-
Basement Renovations
Documents
a)
Confirmation of compliance with applicable law
b) Part 8 Septic System approvals (if on septic tank)
Drawings
a)
Approved Site Plan
b) Architectural Drawings
c)
Structural Drawings
3.
Building Permit
Non-residential
and
other
residential not provide for in row 1
or 2
-
New Buildings
-
Additions
Documents
a)
Confirmation of compliance with applicable law
b) Commitment to General Reviews by Architect &
Engineers (Part 3 Buildings only)
c)
ASHRAE 90.1 or Model National Energy Code
Compliance forms
d)
Part 8 Septic System approvals (if on septic tank)
Drawings
a)
Approved Site Plan
b) Approved Grading Plan
c)
Architectural Drawings
d) Structural Drawings
e)
HVAC Drawings
f)
Plumbing Drawings
g) Fire Protection Drawings
h) Electrical Drawings
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4.
Building Permit
Non-residential
-
Alterations
-
Renovations
-
Tenant Occupancies
Documents
a)
Confirmation of compliance with applicable law
b) Commitment to General Reviews by Architect &
Engineers (Part 3 Buildings Only)
Drawings
a)
Location Plan
b) Architectural Drawings
c)
Structural Drawings
d) HVAC Drawings
e)
Plumbing Drawings
f)
Electrical Drawings
g) Fire Protection Drawings
Row
Class of Permit
Documents and Drawings Required
5
Building Permits
-
Other than Row 1 to 4
(designated structures under
2.12 of the Ontario Building
Code)
Documents
a)
Confirmation of compliance with applicable law
b) Documents from Rows 1 to 4, or other documents
which are applicable to the scope of work
proposed
Drawings
a)
Drawings from Rows 1 to 4 which are applicable to
the scope of work proposed.
6.
Changed of Use Permit
Documents
a)
Confirmation of compliance with applicable law
b) Commitment to General Reviews by Architect &
Engineers (Part 3 Buildings only)
Drawings
a)
Location Plan
b) Architectural Drawings
c)
HVAC Drawings
d) Plumbing Drawings
e)
Electrical Drawings
f)
Fire Protection Drawings
7.
Demolition Permit
Documents
a)
Confirmation of compliance with applicable law
b) Commitment to General Review by Engineer as
required by Code.
c)
Demolition Control Agreement (if demolition is in
a Demolition Control Area)
d) Designated Substance Report and Method of
Demolition Report as required.
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Notes:
1.
The Documents described in this schedule are available from the Chief Building Official.
2.
A description of the information required on drawings is contained in part B of this schedule.
3.
The Chief Building Official may waive the requirements for any specified documents or drawings
where the scope of the work, applicable law or building code requirements does not necessitate its
submission.
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Schedule "D" (Part B)
To By-Law Number 707
Information Required On Drawings
Item
Drawing Type
Information Required
Class of
Permit
Part A Row
No.
1
2
3
4
1.
Site Plan
a)
b)
c)
d)
Legal description, survey property lines,
property dimensions, compass orientation,
location and name of adjacent roads
Outline of all existing and proposed buildings
and structures, building dimensions and their
distance to property lines
Dimensions and location of parking and
vehicle access and fire routes
Dimensions and location of barrier-free
parking, curb cuts, path of travel to building
and building access
X
X
X
X
X
X
X
X
X
X
X
X
X
X
2.
Grading Plan
a)
b)
c)
d)
Signature and seal of professional engineer,
landscape architect, Ontario land surveyor,
engineering or architectural technologist.
(C.E.T.)
Property
lines,
easements
sidewalks,
driveways, building location, curb cuts,
retaining walls
Existing and proposed elevations within the
site and at property lines centerline of the
road(s), retaining wall elevation, slopes of
driveways, drainage flow and swales
Location of catch basins, above and below
ground utilities, and connections to services
X
X
X
X
X
X
3.
Architectural
a)
b)
c)
d)
e)
Existing plans showing construction and
room and space identification of all floors in
the area of proposed work or occupancy
Plans of all floors including basements
complete with all rooms and room names
Roof plan showing roof slope, drainage, roof
and roofing construction details
Building elevations showing grade, floor and
ceiling heights, overall building height,
exterior finish materials, window heights and
sizes and spatial separation requirements
Residential construction details including
proposed wall section from footing to roof,
specifications of all wall, floor and roof
assemblies and all building materials and
construction specifications
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
_________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
- 17
Schedule "E"
To by-law Number 707
Commitment To General Reviews By Architect And Engineers
This Form To Be Completed By The Owner Or Owner's Authorized Agent, And Signed By All Consultants
Retained For General Review
Part A - Owner's Undertaking
Project Description:
Permit Application Number
Address of Project:
Muncipality
Whereas the Ontario Building Code requires that the project described above the designed and reviewed
during construction by an architect, professional engineer or both that are licensed to practice in Ontario;
Now Therefore the Owner, being the person who intends to construct or have the building constructed
hereby warrants that:
1.
The undersigned architect and/or professional engineers have been retained to provide general
reviews of the construction of the building to determine whether the construction is in general
conformity with the plans and other documents that form the basis for the issuance of a building permit,
in accordance with the performance standards of the Ontario Association of Architects (OAA) and/or
Professional Engineers Ontario (PEO);
2.
All general review reports by the architect and/or professional engineers will be forwarded
promptly to the Chief Building Official, and
3.
Should any retain archiect or professional engineer cease to provide general reviews for any
reason during construction, the Chief Building Official will be notified in writing immediately, and another
architect or engineer will be appointed so that general review continues without interruption during
construction.
The undersigned hereby certifies that he/she has read and agrees to the above
Name of Owner:
Date:
Address of Owner:
Telephone:
Signature of Owner:
Print Name:
Fax:
(or officer of corporation)
Part Building - Consultants
The undersigned architect and/or professional engineer(s) hereby certify that they have been retained to
provide general reviews of the parts of construction of the building indicated, to determine whether the
construction is in general conformity with the plans and other documents that form the basis for the
issuance of a building permit, in accordance with the performance standards of the OAA and/or PEO.
P
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Schedule "F"
To By-Law Number 707
The Corporation of The
Building Department
Town of Essex
2610 County Road 12
Essex, Ontario N8M 2X6
Tel: (519) 776-6476
Fax: (519) 776-7171 Corporation of the t
Change of Use
Permit Application Form
Please Print
Location of Work:
(Municipal Number)
Lot Number:
Reg. Plan Number
Lot Size:
Present Use Of Land And Buildings:
Proposed Use Of Land And Buildings:
Are There Any Easements On The Property?
Yes
No
(Street)
Corner Lot Yes
No
Detailed Description:
Estimated Cost Of Work: $
Area of Work
Square. Feet.
Square Meters
Registered Property Owner
Contact Person:
Address:
City:
Province
Postal Code
Phone #
Fax
E mail:
Owner/agent/company name in full
Contact Person:
Address
City:
Province
Postal Code
Phone #
Fax
E mail:
Plumbing Contractor's name (if applicable)
Contact Person:
Address
City:
Province
Postal Code
Phone #
Fax
E mail:
Heating Contractor's name (if applicable)
Contact Person:
Address
City:
Province
Postal Code
Phone #
Fax
E mail:
Drain Layer's Name (if applicable)
Contact Person:
Address
City:
Province
Postal Code
Phone #
Fax
E mail:
For Office use only
Coding Block: 1-27-270
Permit Fee
Fire Department Fee
Indemnity Deposit
Development Charges
Sewer Impost
Park Levy (Residential)
Park Levy (Indust./Comm.)
Driveway Deposit
Other ______________________
Total
Amount
Receipt #
Reference Number.:__________________
Zoning: _____________________________
By-Law: _____________________________
Roll Number: ________________________
Zoning Confirmed By: _____________
Plan exam. Approved by: __________
Date Issued: ________________________
Receipt Number: ______________________
Permit Number.: ____________________
S.O.P. Number _______________________
$
$
$
$
$
$
$
$
$
$
$
Declaration
I, the undersigned
am the authorized
(Please Print)
Owner
Agent of owner named in the above application and I certify the truth of all the statements or
representations contained therein.
I, understand that the issuing of a permit shall not be deemed a waiver of any of the provisions of any
by-laws or requirements to The Building Code Act, or regulations made thereunder, notwithstanding
anything included in or omitted from the plans or other material filed in support of or in connection
with the above application. I understand that any details/information I have omitted from my plans
must be constructed to the Ontario Building Code (Act) in the field and such omittance is my
responsibility and may require that construction be corrected upon field inspection.
I, acknowledge that in the event a permit is issued, any departure from plans, specifications or building
locations proposed in the above application is prohibited and such could result in the permit being
revoked.
I, further acknowledge that in the event the permit is revoked for any cause or irregularity or
nonconformity with by-laws or requirements of The Building Code Act, or regulations made
thereunder, there shall be no right of claim whatsoever against the municipal corporation or any
official thereof and such claim is hereby expressly waived.
Personal information contained in this form and schedules is collected under the authority of
subsection 8(1.1) of the Building Code Act, 1992, and will be used in the administration and
enforcement of the Building Code Act, 1992. Questions about this collection can be made to the
Freedom of Information Co-ordinator, Council and Customer Services, P. O. 1607, 350 City Hall
Square West, Windsor, Ontario N9A 6S1, (519)255-6285.
Signature of Applicant
Witness's Signature
Date
This document is a public record. The information on this application and contained in documents
required for permit issuance and inspection may be divulged to any person upon request under the
Municipal Freedom of Information and Protection of Privacy Act, 1989.
Notice
The Town of Essex accepts no responsibility of matters involving environmental contamination or
hazardous substances associated with this property or any use presently or previously thereon or otherwise
having or causing such adverse affect from or to adjacent properties.
Schedule "G"
To By-Law Number 707
Amount of Permit Fee(S) Which Will Be Retained Where
The Owner Applies For A Refund For The Said Fee
The conditions set out below relate to the refund of permit fees for various situations, and the
applicable fee, which is to be retained by the Building and Development Department.
Condition
Building Fee Retention
A) Prior To Permit Being Issued
1.) permit application withdrawn by the
owner
25% of the permit fee, but not less than
$50.00 and not greater than $1,500.00
2.) permit is not issued by the Chief Building
Official
3.) application abandoned
B) Permit Issued
1.) work
has
not
commenced
and
application for a refund is made within six
(6) months of the date that the permit
was issued
50% of the building permit fee.
2.) work commences and is abandoned
thereafter
no refund
3.) permit revoked
Schedule "H" (Part A)
To By-Law Number707
2005 Construction/Demolition Permit Fees
Group
Description
Construction Permit Fee
1a)
Residential - all finished floors
$0.75/square. feet.
1b)
Residential - unfinished floors
$0.75/square. feet.
1c)
Residential - accessory structures
$0.13/square. feet (Minimum $75.00)
1d)
Residential - house moving
$535.00 (all wards)
1e)
Residential - fence
$55.00
1f)
Residential - pool
$55.00
1g)
Residential - renovations
$0.55/square. feet.
2)
Demolition - all structures
$0.23/square. feet. (Minimum $75.00)
3)
Change of Use - all structures
$0.23/square. feet.
4a)
Commercial/Industrial - office area
$1.45/square. feet.
4b)
Commercial/Industrial - plant area
$1.04/square. feet.
4c)
Commercial/Industrial - renovations
$0.41/square. feet.
5a)
Agricultural - pole barns
$0.13/square. feet.
5b)
Agricultural - silo, etc
$0.22/square. feet.
5c)
Agricultural - greenhouses
$0.13/1st 2500 sq. ft. plus
$0.07/sq. ft. on balance
6a)
Plumbing - new construction
$557.00/unit
6b)
Plumbing - other
$140.00
7)
Septic System - class 4 systems
$954.00 (Schedule "H" Part B)
8)
9-1-1 Signs
$25.00 per sign
2005 Construction/Demolition Permit Fees Continued
- 2
Group
Description
Construction Permit Fee
10a)
Indemnity Deposits (Res/Ag) - new, addition,
demolition
$1,000.00 (deposit)
10b)
Indemnity Deposits (Res/Ag) - accessory,
pools, renovate
$500.00 (deposit)
10c)
Indemnity Deposits (Res/Ag) - agricultural
structures
$250.00 (deposit)
10d)
Indemnity Deposits (Res/Ag) - mobile homes
$250.00 (deposit)
10e)
Indemnity Deposits (Comm/Ind) - new,
addition, demolition
$1,500.00 (deposit)
10f)
Indemnity Deposits (Comm/Ind) - signs,
renovations
$500.00 (deposit)
11)
Re-inspection - inspections booked but work
incomplete (deduct from indemnity deposit)
$50.00 per additional inspection
12)
Transfer Permit
$50.00 per -Residential Unit
$100.00 per-Commercial/Industrial
Minimum permit fee:
A minimum of $10.00 per $1,000.00 construction cost or minimum permit fee of $75.00 will be charged
for all projects not specifically listed above.
Examples will include but are not limited to porches/decks, canopies, building alterations, fireplaces,
retaining walls and any other unusual structures or projects not classified elsewhere in this schedule.
Miscellaneous:
Inspection Fees:
- Miscellaneous/Repeated Inspections
- L.C.B.O. Report & Occupant Load Calculations
- Rest Home/Nursing Home Reports
Certificates:
- Building/Zoning
- Public Works
- Part 8 (Septic)
- Occupancy Permit
$50.00
$100.00
$100.00
$40.00
$40.00
$50.00
$40.00
Schedule "H" Part B
To By-Law Number 707
Private Sewage Systems
(Part 8 Ontario Building Code)
1) Certificate of Approval (Permit)
$954.00
2) Renewal of Certificate of Approval
$ 50.00
3) Land Control Reviews
Includes: Consent (for each lot created)
Minor Variance (per lot)
Zoning By-Law Amendment (per application)
Site Plan Control (per lot affected)
$ 50.00
4) File Searches
$ 15.00
5) Technical Requests
Includes:
Clearances for Additions
Additional Inspections
$ 50.00
Schedule "I"
To By-Law Number 707
The person to whom a permit under Section 8 of the Act is issued shall notify
the Chief Building Official or, where a registered code agency is appointed under the
Act in respect of the construction to which the notice relates, the registered code
agency of:
1) Commencement of construction of the building
2) Readiness to construct footings,
3) Substantial completion of footings and foundations prior to commencement of
backfilling,
4) Substantial completion of structural framing for each storey, if the building is a
type of building that is within the scope of Parts of this Code other than Part 9,
5) Substantial completion of structural framing and roughing-in of heating,
ventilation, air-conditioning and air-contaminant extraction equipment, if the
building is not a building to which Clause (c) applies,
6) Commencement of construction of
(i)
masonry fireplaces and masonry chimneys,
(ii)
factory built fireplaces and allied chimneys
(iii)
stoves, ranges, space heaters and add on furnaces using solid fuels
and allied chimneys
7) substantial completion of insulation , vapour barriers, air barriers and interior
finishes,
8) substantial completion of all required fire separations and closures and all fire
protection systems including standpipe, sprinkler, fire alarm and emergency
lighting systems,
9) substantial completion of fire access routes,
10) readiness for inspection and testing of:
(i)
building sewers and building drains,
(ii)
water service pipes,
(iii)
fire service mains,
(iv)
drainage systems and venting systems,
(v)
the water distribution system, and
(vi)
plumbing fixtures and plumbing appliances,
11) readiness for inspection of suction and gravity outlets, covers and suction
piping servicing outlets, of outdoor pool as described in Clause 2.1.2.1.(1)(h), a
public pool or a public spa,
12) substantial completion of the circulation/recirculation system of an outdoor
pool described in Clause 2.1.2.1.(1)(h), a public pool or public spa and
substantial completion of the pool before it is first filled with water,
13) readiness to construct the sewage system,
14) substantial completion of the installation of the sewage system before the
commencement of backfilling,
15) substantial completion of installation of plumbing not located in a structure,
before the
commencement of backfilling, and
16) completion of construction and installation of components required to permit
the issue of an occupancy permit under Sentence 2.4.3.1.(2) or to permit
occupancy under Sentence 2.4.3.2.(1), if the building or part of the building to
be occupied is not fully completed,
17) substantial completion of heating, ventilating, air-conditioning and air-
contaminant extraction equipment,
18) substantial completion of exterior cladding,
19) substantial completion of the site grading,
20) substantial completion of the pool deck and dressing rooms for a public pool
or public spa and readiness for inspection of the emergency stop system for a
public pool or public spa, and
21) completion and availability of drawings of the building as constructed,
Schedule "J"
To By-Law Number 707
Corporation of the town of essex logo
Building Department
Building Permit Application Submittal Acknowledgement
The Ontario Building Code Act, through Ontario Regulations O. Reg. 146/95 has been
amended such that for the Class of Building listed below to be constructed, a building
permit shall be issued or refused within ________ days.
Location of Work: __________________________________________________
The following documentation must be submitted to form a Complete Application.
Item
Submitted
Completed Provincial Application Form
Yes
No
N/A
Schedule 1: Designer Information
Yes
No
N/A
Schedule 2: Sewage System Installer Information
Yes
No
N/A
Submission of ____ sets of drawings
Yes
No
N/A
Proof of Ownership (i.e. transfer/deed of land)
Yes
No
N/A
Site Plan
Yes
No
N/A
Tarion Declaration Form
Yes
No
N/A
Clearance from the Essex Region Conservation
Authority
Yes
No
N/A
Municipal Addressing Letter
Yes
No
N/A
Street Opening Permit
Yes
No
N/A
Submission of ASHRAE 90.1 or National Model Energy
Yes
No
N/A
Code Compliance Forms
Yes
No
N/A
Compliance with Applicable Law Declaration
Yes
No
N/A
Compliance with all Site Plan Control Conditions
Yes
No
N/A
Compliance with all Servicing/Subdivision Conditions
Yes
No
N/A
If any of the above answers is N, then your application is deemed Incomplete. The
missing information must be submitted prior to the issuance of the permit.
If all the above are Y or N/A, then, the application is deemed Complete and a building
permit shall be issued within ______ days.
Declaration
I, the undersigned ______________________________________, an the authorized
Owner
Agent of Owner, and
I, acknowledge that if the application is deemed INCOMPLETE, then, the time frames of
Article 2.4.1.1B of the Ontario Building Code has been complied with by the Town.
_______________________ ____________________
______________________
Signature of Applicant
Witness's Signature
Date
_______________________
______________________
Signature of C.B.O.
Date
Corporation of the town of essex logo
Schedule "K"
To By-Law Number 707
Town of Essex
Building Department
Applicable Law Submittal Acknowledgement
The Ontario Building Code Act, Section 8.-(2) states that the Chief Building Official shall issue a
permit unless the proposed building, construction or demolition will contravene any
applicable law. The following is a supporting information checklist of applicable law.
The following is a list of supporting information applicable law checklist. This form must be
submitted to form a Complete Application.
Location of Work:
Brief Description of Work:
Ontario Statute
Applicability
Section 2 of the Cemeteries Act (Revised) with respect to the consent to the
establishment, Alteration or increase in a capacity of a crematorium,
Yes
No
Section 5 of the Charitable Institutions Act, with respect to the approval by the
Minister of the site and plans for a new building or an addition to an existing
building used or to e used as a charitable institution,
Yes
No
Section 5 of Regulation 262 of the Revised Regulations of Ontario, 1990, made
under the Day Nurseries Act, with respect to the approval of plans for a new
building to be erected or an existing building to be used, altered or renovated for
use as a day nursery or for alterations or renovations to be made to premises
used by a day nursery,
Yes
No
Subsection 9(1) of Regulation 263 of the Revised Regulations of Ontario, 1990,
made under the Dead Animal Disposal Act, with respect to the construction of
premises for use as a receiving or rendering plant,
Yes
No
Section 194 of the Education Act, with respect to the approval of the Minister for
the demolition of a building,
Yes
No
Section 195 of the Education Act with respect to the approval of the Minister for
the erection of a school building and for the making of an addition, alteration or
improvement to a school building,
Yes
No
Section 197 of the Education Act with respect to the approval of the Minister for
the erection, addition to or alteration of buildings on a school site,
Yes
No
Section 6 of Regulation 314 of the Revised Regulations of Ontario, 1990, made
under the Elderly Persons Centres Act, with respect to the approval of the
Minister for the construction of a building project,
Yes
No
Section 5 of the Environmental Assessment Act with respect to the approval of
the Minister or the Environmental Review tribunal to proceed with an
undertaking,
Yes
No
Section 9 of the Environmental Protection Act with respect to the certificate of
approval for the construction, alteration, extension or replacement of a structure
that may discharge a contaminant or from which a contaminant may be
discharged,
Yes
No
Section 46 of the Environmental Protection Act with respect to the approval of
the Minister to use land or land covered by water that has been used for the
disposal of water.
Yes
No
Section 9 of Regulation 469 of the Revised Regulations of Ontario, 1990, made
under the Funeral Directors and Establishments Act, with respect to the provision
to the Registrar of architectural plans or drawings of the proposed construction
or alteration of a funeral establishment,
Yes
No
Section 14 of the Homes for the Aged and Rest Homes Act with respect to the
approval of the Minister for the erection or alteration of a building for use as a
home or a joint home,
Yes
No
Section 14 of the Milk Act with respect to the permit from the Director for the
construction or alteration of any building intended for use as a plant,
Yes
No
2
Section 4 of Regulation 832 of the Revised Regulations of Ontario, 1990, made
under the Nursing Homes Act, with respect to the provision to the Director of
plans and specifications and such information and other material as may be
required by the Director in respect of the construction, alteration, addition to or
renovation of a nursing home or conversation of an existing building into a
nursing home,
Yes
No
Section 33 of the Ontario Heritage Act with respect to the consent of the council
of a municipality for the alteration of property,
Yes
No
Section 34 of the Ontario Heritage Act with respect to the consent of the council
of a municipality for the demolition of a building,
Yes
No
Section 42 of the Ontario Heritage Act with respect to the permit given by the
council of a municipality for the erection, alteration or demolition of a building,
Yes
No
Section 41 of the Planning Act with respect to the approval by the council of the
municipality or the Municipal Board of plans and drawings,
Yes
No
Section 22 of the Private Hospitals Act with respect to the approval of the
Minister for the alteration or renovation of a house that is used as a private
hospital,
Yes
No
Section 4 of the Public Hospitals Act with respect to the approval of the Minister
for additional buildings or facilities to be added to a hospital,
Yes
No
Section 2 of Ontario Regulation 453/96, made under the Public Lands Act, with
respect to the work permit authorizing the construction or placement of a
building on public land,
Yes
No
Section 34 or 38 of the Public Transportation and Highway Improvement Act with
respect to the permit from the Minister for the placement, erection or alteration
of any building or other structure or the use of land,
Yes
No
The following provisions of Acts and regulations:
(i) Section 28 and 53 of the Development Charges Act 1997,
Yes
No
(ii) Sections 257.83 and 257.93 of the Education Act,
Yes
No
(iii) Subsection 5(4) of the Environmental Assessment Act,
Yes
No
(iv) Subsection 133(4) of the Municipal Act, 2001,
Yes
No
(v) Subsections 4(3) and (5) of Regulation 832 of the Revised Regulations of
Ontario, 1990, made under the Nursing Homes Act,
Yes
No
(vi) Section 30 of the Ontario Heritage Act,
Yes
No
(vii) Section 24 and 46 of the Planning Act,
Yes
No
(viii)Section 33 of the Planning Act except where, in the case of the
demolition of a residential property, a permit to demolish the property is
obtained under that Section,
Yes
No
(ix) Clause 47(1)(a) of the Planning Act,
Yes
No
(x) Subsection 22(1) of the Private Hospitals Act,
Yes
No
- Continued On Back
Regulations made by a conservation authority under Clause 28(1)(c) of the
Conservation Authorities Act that prohibit construction of a building or structure
in or on a pond or swamp or in any area susceptible to flooding during a regional
storm without a permit issued by the conservation authority,
Yes
No
By-laws made under Section 34 or 38 of the Planning Act or under Section 3 of
Ontario Regulation 246/01 made under that Act,
Yes
No
By-laws made under Section 22 of the Theatres Act,
Yes
No
If any of the above answers is Yes, then, a compliance letter or certificate is required from the
applicable authority. Your application is deemed Incomplete if this information is not
provided.
If all the above answers are No, then, the requirement of Section 8.-(2) of the Ontario Building
Code Act has been complied with. Note that if after review of the application that an
applicable law is deemed to be required, this permit will be deemed Incomplete and a
compliance letter or certificate is required from the applicable authority.
______________________________
__________________________
____________________
3
Declaration
I, the undersigned
, am the
authorized
Owner
Agent of Owner, and
I, the undersigned hereby declare that, to the best of my knowledge, the information
contained herein and the information submitted in support of this application is complete
and accurate.
Signature of Applicant
Witness's Signature
Date
Office Use Only
Confirmation of Compliance of Applicable Law: