This is the exact embedded text of the captured official document.
Snapshot bf49e14f40b1 · verified 2026-09-25 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
(Office Consolidation as of February 6, 2024)
Corporation of the Town of Greater Napanee
By-law No. 2009-0009
A By-law Respecting Building, Demolition and Change of Use Permits and Related
Fees
Originally Passed: March 10, 2009
As Amended By:
By-law Number:
Date Passed:
2010-0035
June 29, 2010
2014-0017
April 8, 2014
2015-0008
January 27, 2015
2020-0045
August 18, 2020
Note: This consolidation is provided for convenience purposes only. Every effort is made to
ensure the accuracy of this information, however it is not to be used in place of actual by-
laws. Users should consult the original by-laws for purposes of interpretation and application.
THE CORPORATION OF THE TOWN OF GREATER NAPANEE
BY-LAW NO. 2009 - 09
A By-Law Respecting Building, Demolition and
Change of Use Permits and Related Fees
WHEREAS Section 7 of the Building Code Act, 1992, permits the municipality to pass
by-laws respecting construction, demolition and change of use permits and inspections;
AND WHEREAS Section 3(1) of the Building Code Act, 1992 provides that the council
of each municipality is responsible for the enforcement of this Act in the municipality;
AND WHEREAS Section 3(2) of the Building Code Act, 1992 provides that the council
of each municipality shall appoint a Chief Building Official and such inspectors as are
necessary for the enforcement of the Act in the areas in which the municipality has
jurisdiction;
AND WHEREAS Section 391 of the Municipal Act, 2001 provides that a municipality
may pass by-laws imposing fees or charges on any class of persons for services
provided municipality; and
NOW THEREFORE the Council of the Corporation of the Town of Greater Napanee
hereby enacts the following:
1.0
DEFINITIONS AND INTERPRETATION
1.1
Definitions
In this by-law,
"Act" means the Building Code Act, 1992, S.O. 1992, Chap. 23 including
amendments thereto;
"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 a person or
corporation;
"as constructed plans" mean construction plans and specifications that show a
building and the location of the building on its property as the building has been
constructed;
"building" means:
(a)
a structure occupying an area greater than ten square metres
consisting of a wall, roof and floor or any of them or a structural
system serving the
Town of Greater Napanee
Building By-law
2
function thereof including plumbing, works, fixtures and service
systems appurtenant thereto,
(b)
a structure occupying an area of ten square metres or less that
contains plumbing, including the plumbing appurtenant thereto,
(c)
plumbing not located in a structure,
(d)
a sewage system; or
(e)
structures designated in the Building Code;
"Building Code" means the regulations made under Section 34 of
the Act;
"Chief Building Official" means the Chief Building Official appointed by by-law of the
Municipality for the purposes of enforcement of the Act;
"construct" means to do anything in the erection, installation, extension or material
alteration or repair of a building and includes the installation of a building unit fabricated
or moved from elsewhere and "construction" has a corresponding meaning;
"demolish" means to do anything in the removal of a building or any material part
thereof and "demolition" has a corresponding meaning;
"Inspector" means an inspector appointed by by-law of the Municipality for the purposes
of enforcement of the Act;
"Municipality" means the Corporation of the Town of Greater Napanee;
"owner" in connection with real property means the registered owner of the property;
"permit" means permission or authorization in writing from the Chief Building Official to
perform work regulated by the Act and the Building Code and in the case of an
occupancy permit, to occupy any building or part thereof;
"permit holder" means the owner to whom the permit has been issued or, where the
permit has been transferred, the new owner to whom the permit has been transferred.
"work" means to do anything in the construction or demolition or change of use or
plumbing work for a building which is regulated by the Act and the Building Code and
"project" has a similar meaning.
Town of Greater Napanee
Building By-law
3
1.2
Interpretation
1.2.1 Any word or term not defined in this by-law that is defined in the Act or Building
Code shall have the meaning ascribed to it in the Act or Building Code.
1.2.2 In this by-law, a word interpreted in the singular number has a corresponding
meaning when used in the plural.
1.2.3 This by-law includes the Schedules annexed hereto and the Schedules are
hereby declared to form part of this by-law.
1.2.4 If any section, subsection or part or parts thereof be declared by any court of law
to be illegal or ultra vires, such section, subsection or part or parts shall be
deemed to be severable and all parts hereof are declared to be separate and
independent and enacted as such.
2.0
PERMITS
2.1
Classes of Permits (Act, Section 7(a))
Those classes of permits with respect to the construction, demolition or change
of use of a building or part thereof as set out in Schedule "A" annexed hereto are
hereby established.
3.0
APPLICATIONS FOR PERMITS (ACT, SECTION 7(b))
3.1
Applications for Permit to Construct (Act, Section 8(1))
Where an application is made for a permit to construct, the applicant shall file
the following information:
a)
the standardized provincial application form entitled "Application for a
Permit to Construct or Demolish" (available from the Chief Building Official
or from the official Ontario Building Code website at
www.obc.mah.gov.on.ca); and
(b) complete plans, specifications, documents and other information as required
by Subsection 1.3.1 Division C of the Building Code, and any further
material required by the Chief Building Official in accordance with
Paragraph 4 of this by- law.
3.2
Application for Permit To Demolish (Act, Section 8(1))
Where an application is made for a permit to demolish the applicant shall file
the following information:
Town of Greater Napanee
Building By-law
4
(a)
the standardized provincial application form entitled "Application for a
Permit to Construct or Demolish" (available from the Chief Building Official
or
from
the
official
Ontario
Building
Code
website
at
www.obc.mah.gov.on.ca);
(b)
complete plans, specifications, documents and other information as
required by Subsection 1.3.1 Division C of the Building Code, and any
further material required by the Chief Building Official in accordance with
Paragraph 4 of this by- law;
(c)
proof satisfactory to the Chief Building Official that arrangements have
been made with the proper authorities for the cutting off and capping of all
water, sewer, gas, electric and private services; and
(d)
written confirmation that the site will be backfilled and graded with clean
material and that all private drain connections will be excavated and
property sealed at the property line.
3.3
Application for Conditional Permit (Act, Section 8(3))
Where an application is made for a conditional permit the applicant shall
file the following information:
(a)
the standardized provincial application form entitled "Application for a
Permit to Construct or Demolish" (available from the Chief Building Official
or
from
the
official
Ontario
Building
Code
website
at
www.obc.mah.gov.on.ca);
(b)
complete plans , specifications, documents and other information as
required by Subsection 1.3.1 Division C and Article 1.3.1.5 Division C of
the Building Code, and any further material required by the Chief Building
Official in accordance with Paragraph 4 of this by-law;
(c)
a statement of the reasons why the applicant believes that unreasonable
delays in construction would occur if a conditional permit is not granted;
(d)
a statement of the necessary approvals which must obtain in respect of
the proposed building and the time in which such approvals will be
obtained;
(e)
the time in which plans and specifications of the complete building will be
filed with the Chief Building Official; and
(f)
a signed agreement in the form prescribed by the Chief Building Official to
do the following:
(i)
assume all risk in commencing the construction,
Town of Greater Napanee
Building By-law
5
(ii)
obtain all necessary approvals within the time period referred to
under subsection 3.3(d) above,
(iii)
file plans and specifications of the complete building within the time
period specified in subsection 3.3(e) above,
(iv)
at the applicant's own expense, remove the building and restore the
site if approvals are not obtained or plans are not filed in the time
set out in the agreement, and
(v)
comply with such other conditions as the Chief Building Official
considers necessary.
3.4
Application for Change of Use Permit (Act, Section 10(1))
Where an application is made for a change of use permit the applicant shall
file the following information:
(a)
the form prescribed by the Chief Building Official;
(b)
complete plans, specifications, documents and other information as
required by Subsection 1.3.1 Division C of the Building Code, and any
further material required by the Chief Building Official in accordance with
Paragraph 4 of this by- law; and
(c)
a description of the current and proposed occupancies of the building or
part of the building for which the application is made.
3.5
Application for Transfer of Permit (Act, Section 7(h))
Where an application is made for a transfer of permit because of change of
ownership of the property, the applicant shall file the following information:
(a)
the form prescribed by the Chief Building Official;
(b)
the names and address of the former and new owner;
(c)
the date that the property was transferred to the new owner;
(d)
the nature of the permit being transferred; and
(e)
written confirmation from the original permit holder that the permit is to be
transferred.
Town of Greater Napanee
Building By-law
6
3.6
Application for Partial Permit
Where an application is made for a partial permit in order to expedite work for a
portion of a building prior to the issuance of a permit for the work for the complete
building, the applicant shall file the following information:
(a)
the standardized provincial application form entitled "Application for a
Permit to Construct or Demolish" (available from the Chief Building Official
or
from
the
official
Ontario
Building
Code
website
at
www.obc.mah.gov.on.ca);
(b)
complete plans, specifications, documents and other information as
required by Subsection 1.3.1 Division C of the Building Code, and any
further material required by the Chief Building Official in accordance with
Paragraph 4 of this by- law; and
(c)
a signed acknowledgement from the applicant that the issuance of a
partial permit shall not be construed to authorize construction beyond the
plans for which approval was given or as a guarantee that approval will
necessarily be granted for the entire work.
4.0
INFORMATION TO BE SUBMITTED WITH APPLICATIONS
4.1
General
In addition to the requirements set out under Paragraph 3 above, unless
otherwise directed by the Chief Building Official, every application for a permit
shall:
(a)
be signed by the applicant who shall certify the truth of the contents of the
application;
(b)
be accompanied by the required fees as set out in Schedule "A";
(c)
include any information relating to the application as required by the Chief
Building Official;
(d)
identify and describe in detail the work, use and occupancy to be covered
by the permit for which the application is made;
(e)
identify and describe in detail the existing uses and the proposed use for
which the property is intended;
(f)
describe the land on which the work is to be done, by a description that
will readily identify and locate the site on which the construction,
demolition or change of use is to occur;
Town of Greater Napanee
Building By-law
7
(g)
be accompanied by proof acceptable to the Chief Building Official of
property ownership and, where appropriate, a signed authorization
appointing an individual or corporation to act as the owner's agent in
respect of an application; and
(h)
provide whether other information, plans, surveys or documents are
required in order to enable the Chief Building Official to determine whether
or not the proposed construction, demolition, change of use or transfer of
permit will conform with the Act, the Building Code, any applicable law and
whether or not adjacent property may be affected.
4.2
Plans and Specifications
4.2.1 Each application shall, unless otherwise specified by the Chief Building Official,
be accompanied by two complete sets of the plans and specifications as
described in this By- law and Schedule "B" of this By-Law.
4.2.2 The applicant shall ensure that plans submitted to the Chief Building Official:
(a)
are drawn to scale upon substantial material or in electronic format
approved by the Chief Building Official;
(b)
are legible and durable; and
(c)
indicate the nature and extent of the work or proposed occupancy in
sufficient detail to establish that the completed work will conform to the
Act, the Building Code and any applicable law.
4.2.3 The applicant shall submit a copy of a plan of survey certified by a Registered
Ontario Land Surveyor to the Chief Building Official when required to
demonstrate compliance with the Act, the Building Code or any applicable law.
4.2.4 The applicant shall ensure that site plans submitted to the Chief Building Official
to demonstrate compliance with the Act, the Building Code and any applicable
law shall contain the following information:
(a)
lot size, lot dimensions and setbacks to any existing or proposed buildings;
(b)
existing and finished ground levels or grades of the property and
elevations of the streets abutting the property; and
(c)
existing rights-of-way, easements, municipal services and private services.
4.2.5 Upon completion of the foundation, a building location survey shall be submitted
when requested by the Chief Building Official for new residential buildings and
buildings under Site Plan Agreement with the Municipality or any other building
as requested in order to confirm compliance with any Building Code or zoning
requirement.
Town of Greater Napanee
Building By-law
8
4.2.6 Plans and specifications furnished in accordance with the requirements of this
by-law or otherwise required by the Act become the property of the Municipality
and shall be retained in accordance with any and all applicable legislation and
the by-laws.
5.0
AFTER FILING OF APPLICATION
5.1
Incomplete Application
Where an application is found to be incomplete or does not comply with the
relevant provisions of the Act or the Building Code, the Chief Building Official
may accept the application for processing if the applicant acknowledges that the
application is incomplete and completes the form as set out in Schedule "C" of
this by-law.
5.2
Deviations From Plans, Specifications Or Other Documents
Deviations from the plans, specifications or other documents filed and in respect
of which a permit or permits were issued, may be made following the issuance
thereof or during the course of inspections provided that:
(a)
the changes do not contravene the Act, the Building Code or any applicable
law;
(b)
the Chief Building Official agrees to the changes;
(c)
revised plans and specifications in the prescribed numbers are submitted
for the approval; and
(d)
the additional non-refundable fee for "Revision to permit" as set out in
Schedule "A" is submitted prior to review by the Chief Building Official.
5.3
As Constructed Plans
On completion of the construction of a building being the subject of a permit the
owner shall, if required by the Chief Building Official, submit to the Chief Building
Official a set of as constructed plans of the work including a plan of survey
showing the location of the building.
6.0
EQUIVALENTS (ACT, SECTION 9(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 is requested, the following information shall be provided by
the owner to the Chief Building Official:
Town of Greater Napanee
Building By-law
9
(a)
a description of the proposed material, system or building design for
which authorization is requested;
(b)
any applicable provisions of the Building Code; and
(c)
evidence that the proposed material, system or building design will provide
the level of performance required by the Building Code.
7.0
NOTICE AT EACH STAGE
7.1
With respect to "additional notices" under Article 1.3.5.2 Division C of the Building
Code, the applicant, owner or authorized agent shall notify the Chief Building
Official at least two (2) business days prior to each stage of construction for
which notice in advance is required under the Building Code.
7.2
A notice pursuant to subparagraph 7.1 above is not effective until notice is
actually received by the Chief Building Official and the applicant, owner or permit
holder, as the case may be, receives confirmation of the reception of notice
issued by the Municipality.
7.3
No inspection shall be completed by the Municipality for any required inspection
unless notice is received from the applicant, owner or authorized agent for whom
a building permit has been issued, unless otherwise indicated at the time of
building permit issuance, or at the discretion of the Chief Building Official.
8.0
FEES
8.1
The Chief Building Official shall calculate the required fees for the work proposed
in accordance with Schedule "A" of this by-law and the owner shall pay such fees
upon submission of the applicant for a permit.
8.2
Where the fees payable in respect of an application for a construction or
demolition permit or a conditional permit are based upon the cost of valuation of
the proposed work, the cost of valuation of the proposed work shall mean the
total cost of all work regulated by the permit including the cost of all material,
labour, equipment, overhead and professional and related services.
8.3
Where the fees payable in respect of an application for a construction or
demolition permit or a conditional permit are based on a floor area, floor area
shall mean the total floor space of all stories above or below grade measured as
the horizontal area between the exterior walls of the building.
8.4
In connection with applications for conditional permits, fees shall be payable
based upon the complete project, and not simply the work to be carried out
pursuant to the conditional permit
Town of Greater Napanee
Building By-law
10
8.5
Where fees payable in respect of an application for a change of use permit are
based on floor area, floor area shall mean the total floor space (determined in
accordance with subsection 8.3 above) of all stories or parts thereof that are
subject to the change of use.
8.6
Where applicable, the Chief Building Official may place a valuation on the cost of
the proposed work for the purposes of establishing the permit fee, and where
disputed by the applicant, the applicant may pay the required fee under protest
and, within six (6) months of completion of the work, may submit an audited
statement of the actual costs incurred, and where the audited costs are
determined to be less than the valuation, the Chief Building Official shall issue a
refund in accordance with section 9 of this By-law.
8.7
Any person or corporation who commences construction, demolition or changes
the use of a building without a valid permit issued in accordance with this By-law
shall, in addition to any other penalty under the Act, Building Code, or this By-
law, pay over and above the fee otherwise determined in accordance with this
by-law, a fee equal to 25% of the amount calculated as the regular permit fee to
a maximum of $10,000.
9.0
REFUNDS
9.1
Upon the written request of the applicant or permit holder the Chief Building
Official shall determine the amount of refund of permit fee, if any, that may be
returned to the applicant or permit holder where:
(a)
an application for a permit is withdrawn;
(b)
the Chief Building Official refuses to issue a permit for which an
application has been made;
(c)
the Chief Building Official revokes a permit after it has been issued; or
(d)
a valuation has been appealed by a permit holder in accordance
with the procedure set out under subsection 8.6 of this By-law.
9.2
The amount, if any, of the refund shall be determined in accordance with
Schedule "D" attached to and forming part of this by-law.
10.0 OFFENCE
Any person who contravenes any provision of this by-law is guilty of an
offense as provided for in Section 36(1) of the Act.
Town of Greater Napanee
Building By-law
11
11.0 REPEAL
By-law Nos. 05-61 and 07-31, are hereby repealed.
12.0 SHORT TITLE
This by-law may be referred to as the "Building By-law."
13.0 COMING INTO FORCE
This by-law shall come into force and take effect on the date it is finally passed.
Read a first and second time and finally passed this 10th day of March, 2009.
Gordon Schermerhorn, Mayor
Rebecca Murphy, Clerk
Town of Greater Napanee
Building By-law
Schedule "A" to By-law No. 2009-09 as amended by By-law No. 2020-0045
Respecting Classes of Permits and Fees Payable
CLASS OF PERMITS
FEES PAYABLE
Permit to Construction
A permit to construct a building or
structure or enlarge, extend, alter, repair,
renovate or do a material alteration to a
building or structure within the meaning
of the Act and Regulations
$11.00 per $1,000.00 or part thereof
of the estimated value of work* up to
$3,000,000.00, with a minimum fee of
$100.00
$6.00 per $1,000.00 or part thereof of
the estimated value of work above
$3,000,000.00
Partial Permit
$11.00 per $1,000.00 or part thereof
of the estimated value of work* with a
minimum charge of $100.00
Permit to Demolish
A demolition permit to demolish a
building or structure or a material part
thereof within the meaning of the Act and
the Regulations
$100.00 per application
Renewal of a Revoked Permit
$100.00 per application
Installation Permit
A permit for the installation of a building
unit fabricated or moved from elsewhere
$11.00 per $1,000.00 or part thereof
of the estimated value of work* with a
minimum charge of $100.00
Permit to Install Roof Top Solar
Panels
$150.00 per installation, plus $11.00
per $1,000.00 of the estimated value
of any remedial work required,
including structural and/or
mechanical
Permit to Construct a Pool
A permit to construct an above ground or
inground pool.
$11.00 per $1,000.00 or part thereof
of the estimated value of work* with a
minimum charge of $100.00
Occupancy Permit
A permit authorizing occupation of a
building or part thereof prior to its
completion in accordance with the Act
and Regulations
$100.00
Revision of a Permit
$11.00 per $1,000.00 or part thereof
of the estimated value of work* with a
minimum charge of $100.00
Change of Use Permit
A "Change of Use" permit, as outlined in
Section 10(1) of the Building Code Act
$100.00 permit fee
Town of Greater Napanee
Building By-law
Conditional Permit
A permit to authorize the issuance of a
conditional permit, as outlined in Section
8 (3) of the Building Code Act
$11.00 per $1,000.00 or part thereof
of the estimated value of work* with a
minimum charge of $100.00
Plumbing Permit
To construct, alter, repair or renew
plumbing, or revision to a plumbing
permit
$10.00 basic fee per fixture or
appliance with a minimum fee of
$100.00
Re-inspections
When the Building/Plumbing Inspector
has been notified that any installation is
ready for inspection and the same is not
ready when the Building/Plumbing
Inspector attends to inspect the same, as
solely determined by the said
Building/Plumbing Inspector, or if the
installation fails to conform to any
requirement to which the same is obliged
by law to conform, an additional fee shall
be paid by the person to whom the
permit has been issued for each
additional inspection by the
Building/Plumbing Inspector.
$25.00
*The following values will be used to determine the minimum estimated value of work:
Residential Construction
$125.00 per sq. ft.
Residential (finished living areas within a basement) $ 20.00 per sq. ft.
Residential Garages
$ 30.00 per sq. ft.
Residential Carports
$ 10.00 per sq. ft.
Decks
$ 10.00 per sq. ft.
Commercial Construction
$ 45.00 per sq. ft.
Industrial Construction
$ 45.00 per sq. ft.
Farm Building Construction
$ 20.00 per sq. ft.
Institutional
$ 45.00 per sq. ft.
Town of Greater Napanee
Building By-law
SCHEDULE "B"
PLANS AND SPECIFICATIONS
List of plans, specifications, and other information required to accompany
applications for permits:
1.
Site Plan
2.
Current Legal Survey for the property
3.
Current owner's Deed for the property
4.
Floor Plans
5.
Foundation Plans
6.
Framing Plans
7.
Roof Plans
8.
Reflected Ceiling Plans
9.
Sections and Details
10.
Electrical Drawings
11.
Heating, Ventilation and Air Conditioning Drawings
12.
Plumbing Drawings
13.
Fire Alarm and Sprinkler Plan
14.
Heat Loss calculations, Duct Design Calculations and a duct layout drawing
for the heating and ventilation system(s)
15.
Building Code Analysis for the change of use of any building or part thereof; and
17. Any other information required by the Chief Building Official in order to determine
that the proposed construction, demolition or change in use will comply with the
Building Code, the Act and any other applicable law.
Note: In the context of a specific application or class of applications, the Chief
Building Official may, in his or her sole discretion, specify that not all of the
above noted plans, and specifications may be required to accompany the
application.
Town of Greater Napanee
Building By-law
SCHEDULE "C"
ACKNOWLEDGEMENT BY APPLICANT OF AN INCOMPLETE APPLICATION
Pursuant to Sentence 1.3.1.3.(5) of the Ontario Building Code
Part A (completed by Building Official)
A pre-screening of the application to
(describe work)
at
(location of work)
reveals that the application is incomplete within the meaning of Section 8 of the
Building Code Act, S.O., c.23 as amended.
As such, the application is not entitled to the processing time periods specified for
issuance or refusal of a permit as prescribed in Column 3 of Table 1.3.1.3. of the
Building Code.
The Municipality will, however, accept the incomplete application for processing
provided the following acknowledgement is completed.
Part B (completed by Owner or Authorized Agent)
I,
, acknowledge that my application
(Print name - Owner or Authorized Agent)
as described above does not meet the requirements of Sentence 1.3.1.3. of the
Building Code and therefore, is not entitled to the time periods prescribed in
Column 3 of Table
1.3.1.3. of the Building Code.
Notwithstanding the above, I wish to have the application accepted for processing
and understand that a permit cannot be issued until all the information is
submitted and reviewed for compliance.
Declaration of
Applicant
(Signature)
(Date)
I have the authority to bind the corporation or partnership (if applicable)
Town of Greater Napanee
Building By-law
SCHEDULE "D"
REFUND POLICY
1)
The fees that may be refunded shall be a percentage of the fees payable
under this by- law, as follows:
i)
80% if administration functions only have been performed;
ii)
70% if administration and zoning functions only have been performed;
iii)
45% if administration, zoning and plan examination functions have
been performed;
iv)
35% if the permit has been issued and no field inspections have been
performed after the permit has been issued;
v)
35% if the permit has been issued, less an additional 5% for each field
inspection that has been performed after the permit has been issued.
2)
Notwithstanding Section 1 above, no refund shall be made of an amount of
$75.00 or less.
NOTE:
The administrative steps and the percentages could be varied to
reflect the local conditions. Percentages shown are for illustration
purposes only and are not intended to be representative.