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1
Corporation Of The
Township Of Havelock-Belmont-Methuen
By-law Number 2024 - 069
Being a By-law to Provide for the Administration and Enforcement of the Building Code Act,
1992, within the Township of Havelock-Belmont-Methuen and to repeal By-law 2023-017
(Building By-law)
WHEREAS Section 7 of the Building Code Act, 1992 authorizes a Municipal Council to pass
by-laws concerning the issuance of permits and related matters.
WHEREAS pursuant to Section 425 of the Municipal Act, S.O. 2001, c.25, as
amended provided that any person who contravenes any By-law of a municipality
passed under the authority of the Municipal Act is guilty of an offence;
NOW THEREFORE, the Council of the Township of Havelock-Belmont-Methuen enacts as
follows:
1.
Citation
This By-law may be cited as the Building By-law.
2.
Definitions and Work Usage
In this By-Law:
(a)
"Act" means the Building Code Act, 1992, as amended
(b)
"Alternative Solution" means a substitute for an acceptable solution, proposed
by an applicant pursuant to the Ontario Building Code;
(c)
"Applicable Law" means applicable law as identified by the Ontario Building
Code
(d)
"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.
(e)
"As Constructed Plans" means as constructed plans as defined in the
Ontario Building Code;
(f)
"Architect" means a holder of a licence, a certificate of practice, or a temporary
licence under the Architect's Act as defined in the Building Code
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(g)
"Authorized Agent" means a person who has been authorized in writing to act
on the owner's behalf for matters relating to an application for permit
(h)
"Builder" a person or persons that cause a building to be erected or demolished
(i)
"Building" means a building as defined in Subsection 1(1) of the Act
(j)
"Building Code" means the regulation made under Section 34
of the Act.
(k)
"Chief Building Official" means the Chief Building Official
appointed by the By-law of the Corporation of the Township of Havelock Belmont
Methuen for the purpose of enforcement of the act of the Act.
(l)
"Construct" means construct as defined in Subsection 1(1) of the Act;
(m) "Construction Value" means the total cost of a project to the owner, at current
fair market value, for all construction materials and labour for the project, whether
it is completed by the owner or others
(n)
"Corporation" means the Corporation of the Township of Havelock Belmont
Methuen
(o)
"Council" means the Council of the Corporation of the Township of Havelock
Belmont Methuen
(p)
"Courtesy Inspection" an inspection that is requested and carried out at the
discretion of the Chief Building Official
(q)
"Demolish" demolish as defined in the Act
(r)
"Farm Building" a farm building as defined in the Building Code
(s)
"Inspector" means an inspector appointed by By-law by the
Corporation of the Township of Havelock-Belmont-Methuen for the
purposes of enforcement of the Act;
(t)
"Owner" means the registered owner of the land and includes
a lessee, mortgagee in possession, and the person in charge
of the property.
(u)
"Permit" means permission or authorization given in writing
by the Chief Building Official to perform work regulated by
the Act and Building Code, or to occupy a building or part
thereof.
(v)
"Permit Holder" means the person to whom the permit has
been issued and who assumes the primary responsibility for
complying with the Act and the Building Code.
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(w)
"Plumbing" plumbing as defined in the Act
(x)
"Professional Engineer" means a person who holds a licence or
a temporary licence under the Professional Engineer's Act, R.S.O.
1990, c. P.28.
(y)
"Registered Code Agency" means a person or an entity that has the
qualifications and meets the requirements set out in the Act.
(z)
"Renewal of Permit" means the fee administered when a building permit remains
open and is 2 years past the date of issuance.
(z)
"Sewage System" means a sewage system as defined in the
Ontario Building Code;
(aa) "Surveyors Real Property Report" means a survey and report that
locates a building or structure in relation to the boundaries of a unit of
land.
(bb) "Township" The Corporation of the Township of Havelock-Belmont-Methuen
3.
Terms not defined in this by-law shall have the meaning ascribed to them in the Act or
the Building Code.
3.
Classes of Permits
Classes of permits required for construction, demolition, building relocation, conditional
permit, change of use, sewage systems and occupancy of buildings are set forth in
Schedule "A" appended to and forming part of this by-law.
4.
Permits
(1)
To obtain a permit, an applicant shall file an application under Cloudpermit - an
online system ( https://ca.cloudpermit.com) to apply for and track your building
permits and shall supply any other information relating to the application as
required by the Chief Building Official.
(2)
Every building permit application shall:
(a)
identify and describe in detail the work, use and occupancy to be
covered by the permit for which the application is made;
(b)
identify and describe in detail the existing uses and
the proposed uses(s) for which the premises are
intended;
(c)
describe the land on which the work is to be done, by
a description that will readily identify and locate the
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site on which the building or demolition is to occur;
(d)
be accompanied by plans and specifications as described
in the by-law;
(e)
be accompanied by the required fees in accordance with Schedule
"A".
(f)
be accompanied by the required Development Charges as per the
current Development Fees By-Laws;
(g)
invite the parties to the application including the names, addresses
and telephone numbers of the owner, applicant, architect, engineer
or other designer, and the constructor or person hired to carry out
the demolition, as the case may be;
(h)
when Article 1.2.1.1 of Division C of the Ontario Building Code
applies, be accompanied by a signed acknowledgement of the owner
on a form prescribed by the Chief Building Official that an architect or
professional engineer, or both, have been retained to carry out the
general review of the construction or demolition of the building;
(i)
When Article 1.2.1.1 of Division C of the Ontario Building Code
applies, be accompanied by a signed statement of the architect or
professional engineer, or both, on a form prescribed by the Chief
Building Official, undertaking to provide general review of the
construction or demolition of the building;
(j)
include, where applicable, the registration number
of the builder or vendor as provided in the Ontario
New Home Warranties Plan Act;
(k)
state estimated construction valuation of the proposed work
including material and labour; and
(l)
be signed off by the applicant who shall certify as to
the truth of the contents of the application.
(3)
In addition to the requirements of subsection (2) above, every demolition
permit application shall:
(a)
when Article 1.2.2.3 of Division C of the Ontario Building Code applies, be
accompanied by structural design characteristics of building and the
method and time schedule of the demolition; and
(b)
be accompanied by satisfactory proof that arrangements
have been made with the proper authorities for the
termination and capping of all the water, sewer, gas,
electric, telephone or other utilities and services.
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(4)
In addition to the requirements of subsection (2) above, every construction permit
application for part of a building shall:
(a)
include an application for the entire project; and
(b)
include plans and specifications covering the part of
the work for which more expeditious approval is
desired, together with such information pertaining to
the remainder of the work as may be required by the
Chief Building Official.
(5)
In addition to the requirements of Subsection (2) above, every conditional
permit application for the construction of a building shall be accompanied by:
(a)
a written statement from the applicant explaining why the applicant
believes that unreasonable delays in construction would occur if
a conditional permit is not granted;
(b)
written acknowledgement from the applicant of the necessary approvals
which must be obtained in respect of the proposed construction and the
time period in which such approvals shall be obtained;
(c)
A written agreement, executed by the applicant, the owner, and any other
necessary persons the Chief Building Official determines for the purposes
set out in clause 8(3)(c) of the Act; and
(6)
In addition to the applicable requirements of Subsection (2) above, every
change of use permit application shall:
(a)
describe the building or part thereof in which the occupancy is to be
changed; and
(b)
include plans and specifications which show 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, floor, and roof assemblies
identifying required fire resistance rating and load bearing capacities.
(7) In addition to the applicable requirements of Subsection (2) above,
every application for a permit to construct an on-site sanitary
sewage system under Subsection 8(1) of the Act shall:
(a) using the form, "Application for a Permit to Construct or Demolish"
as prescribed by the Act, provide all information pertaining to the
construction including Schedule 1 and 2 as required by the form;
(b) be accompanied by the complete plans, specifications, documents,
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and other information as required by Division C, Article 1.3.5.4. of the
Ontario Building Code and as prescribed in Section 4.00 and
Schedule C to this By-law, for the work to be covered by the permit;
(c) be accompanied by the completed form as prescribed in Schedule
A to this By-law where Division C, Subsection 1.2.2. of the Building
Code applies;
(d) include a Site Evaluation Report, completed in conformance
with the provisions of Division B, 8.2.1.2. of the Building
Code; and
(e) be accompanied by any other information necessary to, or
required in accordance with the Act, the Building Code, and
applicable law, and;
(f) be accompanied by the required fees and deposits calculated in
accordance with Schedule A; and
(g) an as constructed sketch completed by the installer/designer will
be required at the time of final inspection.
(8) The Chief Building Official shall, where conditions in Subsection (4)
above have been fulfilled, issue a permit for part of a building subject to
Compliance with the Act, the Building Code, and any applicable law.
(9) The Chief Building Official may, where conditions in Subsection 8(3)
to 8(5) of the Act and Subsection (5) above have been fulfilled,
issue a conditional permit for a building subject to compliance with
the Act, the Building Code, and any applicable law.
(10) The Chief Building Official shall not, by reason of the issuance of a
Conditional permit or a Partial permit, be under any obligation to grant
any further permits.
(11)
Every request for authorization to occupy an unfinished building under Division C,
Article 1.3.3.1., 1.3.3.2., and 1.3.3.4. of the Building Code shall:
(a) No person shall occupy, or permit to be occupied, any building which was
constructed under building permit except in conformance with the Act, the
Building Code, and the provisions of this By-law;
(b) Provide notice of intent to occupy an unfinished building to the Chief Building
Official, prior to establishing occupancy of any portion, in part or whole of the
building under permit, in accordance with Section 11 of the Act, and Division C,
Subsection 1.3.3. of the Building Code;
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(c) identify and describe in detail the occupancy, the date of such occupancy, and
the building or part thereof for which the request for a permit is made;
(d) be accompanied by plans which show the areas of the proposed occupancy;
(e) Where General Review by an Architect, Engineer, or Both when applicable is
required in conformance with Division C, Subsection 1.2.2. of the Building Code,
all reports from the Architect, Engineer, or Both where applicable, stating their
opinion to general conformity of the construction in accordance with the approved
permit drawings and specifications as issued is to be provided to the Chief
Building Official; and
(f) An Occupancy Permit may only be issued by the Chief Building Official, or
designate of the Chief Building Official, as appointed under By-law of the
Corporation.
(12) Should a permit holder wish to make a material change to any plan, specification,
document, or other information on the basis of which the permit was issued, the permit
holder shall file an application for a revision to the permit which describes the material
changes and pay the fee set out in Schedule A.
(13)
Where an application for a permit remains incomplete or inactive for six months after it
is made, the application may be deemed by the Chief Building Official to have been
abandoned and notice, thereof, shall be given to the applicant.
(14)
Building without a permit is a contravention of both this municipal by-law and provincial
statute and regulation. Any person or corporation who commences construction,
demolition or changes the use of a building before submitting an application for a permit
or receiving a permit, shall in addition to any other penalty under the Act, building code
or this by-law pay an additional fee equal to 100% of the amount calculated as to the full
permit fee for the entire project in order to compensate the corporation for the additional
work incurred by such early start of work.
The additional fee in section 4(15) shall not relieve any person or other corporate entity
from complying with the Building Code and other applicable law or from any penalty
prescribed by the Building Code Act for commencing construction prior to obtaining a
building permit.
Any person who commences construction, demolition or changes the use of a building
or part, thereof, prior to the issuance of a permit contrary to any permit having
previously issued which results in the issuance of orders under the Building Code Act
shall, in addition to any other penalty imposed under the Act or Building Code, pay a
non-refundable fee as per Schedule A.
5.
Plans and Specifications
(1)
Every applicant shall furnish;
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(a)
sufficient plans, specifications, documents, and other information to enable
the Chief Building Official to determine whether the proposed construction,
demolition, or change of use conforms to the Act and Building Code; and
(b)
a site plan referenced to a current plan of survey certified by a registered
Ontario Land Surveyor and copy of such a survey shall be filed with the
municipality unless this requirement is waived because the Chief Building
Official is able, without having a current plan of survey, to determine
whether the proposed work conforms to the Act, the Building Code, and
any other applicable law. Site Plan will include all information in Schedule
B of this by-law.
(2)
Plans submitted shall be legible and be drawn to an appropriate scale.
(3)
The Chief Building Official shall determine the number of plans,
specifications, documents, and other information required to be furnished with an
application for permit having regard for the requirements of any
Act, regulation, or by-law respecting the examination or circulation of the
application.
(4) On completion of the construction of a building, the Chief Building
Official may require a set of as constructed plans, including a plan of
survey showing the locations of the building.
(5)
Plans and specifications furnished according to this by-law or otherwise
required by the Act become the property of the municipality and will be
disposed of or retained in accordance with relevant legislation.
(6) Where the prescriptive requirements or acceptable solutions of Division B
of the Building Code are not met, the Chief Building Official may approve an
alternative solution as required by Division C, Subsection 2.1.1. of the Building
Code. An alternative solution proposal may be requested for a system or building
design at the time of permit application, or if a material change is necessary to a
plan, specification, document, or other information on the basis of which a permit
is issued. The applicant, with or without their approved representative, shall
submit:
(a) a completed "Application for an Alternative Solution.
(b) a description of the applicable objectives, functional statements, and
acceptable solutions;
(c) a description of the proposed material, system or building design for
which authorization is sought;
(d) supporting documentation demonstrating that the proposed material, system
or building design will provide the level of performance required by the
Building Code; and
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(e) the results of tests or evaluations as may be required to achieve compliance
with Division C, Article 2.1.1.2. of the Building Code; and
(f) payment of the required fee as set out in Schedule A.
The Chief Building Official or registered code agency may accept or reject any proposed
alternative solutions and may impose conditions or limitations on their use. Alternative
solutions that are accepted under this section shall be applicable only to the location
described in the application and are not transferable to any other permit.
6.
Fees
(1) The Chief Building Official shall determine the required fees calculated in
accordance with Schedule "A" for the work proposed and the applicant
shall pay such fees. No permit shall be issued until the fees therefore have been
paid in full.
(2)
Subject to Subsection 7(1), there shall be no refund of permit fees where a permit
has been revoked.
(3)
Refund of building permit fees will be determined as follows:
(1)
In the case of all or a portion of the work or of the non-commencement of
any project, the Chief Building Official shall determine the amount of
refund of permit fees, if any, that may be returned to the permit holder.
(2)
The fees that may be refunded shall be a percentage of the fees payable
as determined by Schedule A and as follows:
a)
Ninety (90%) percent if administrative and zoning functions only
have been performed;
b)
Eighty (80%) percent if administrative, zoning and plan examination
function have been performed;
c)
Seventy-five (75%) percent if the permit has been issued and no
field inspections have been performed subsequent to permit
issuance;
d)
Five (5%) percent shall additionally be deducted for each field
inspection that was performed after the permit has been issued.
(3)
No refund shall be made when the amount is calculated to be one hundred
and fifty dollars ($150.00) or less.
(4)
The fee for the transfer of permit is non-refundable.
7.
Permit Revocation, Deferral of Revocation and Transfer
(1) Revocation of Permit
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Prior to revoking a permit under clauses 8(10) (b) and (c) of the Act, the Chief Building
Official shall give written notice of intention to revoke to the permit holder at his last
known address and if on the expiration of thirty (30) days from the date of such notice,
the ground for revocation continues to exist, the permit may be revoked without further
notice and all submitted plans and other information may be disposed of.
(2) Deferral of Revocation
(a)
On receipt of a notice of intention to revoke a permit, a permit
holder may request in writing within thirty (30) days from the date,
thereof, the Chief Building Official to defer the revocation of such
permit.
(b)
A request for deferral shall set out the reasons why the
permit should not be revoked and the date by which the
work will be commenced or resumed.
(c)
Having considered the circumstances of the request and
having determined that there have been no changes to
the Act and the Building Code and any other applicable
law which would have prevented the issuance of the original
permit, the Chief Building Official may allow a deferral to a
prescribed date and shall notify the permit holder.
(d)
A request for deferral of revocation is subject to a fee in
accordance with Schedule "A".
(e)
A refund will not be issued for revoked permits.
(3)
Transfer of Permit
(a)
Permits are transferable only upon the new owner
completing a permit application to the requirements
of Section 4.
(b)
A fee, as prescribed in Schedule "A" shall be payable
on a transfer of permit by the new owner who shall
thenceforth be the permit holder for the purpose of
the Act, and the Building Code.
8.
Prescribed Notice and Inspections
(1)
The person to whom a permit has been issued under Section 8
of the Act shall give to the Chief Building Official notice of the
readiness for inspection in accordance with prescribed
notices described in Division C, Section 1.3.5 of the Building Code.
(2)
Notices shall be given as required by Division C, Section 1.3.5 of
the Building Code.
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9.
Fencing
Where, in the opinion of the Chief Building Official, a construction or demolition site
presents a particular hazard to the public, the Chief Building Official may under Clauses
7 (1)(i) and 7 (1)(j) of the Act, require the erection of such fencing as the Chief Building
Official deems necessary to abate the hazard.
The height of every fence shall be a minimum of 4 feet (1.2 metres) and a maximum of
6 feet (1.8 metres), to be measured from the highest adjacent grade and, shall be of a
description as determined by the Chief Building Official.
10.
Code of Conduct
The Code of Conduct as required under Section 7.1 of the Act is under municipal Policy
Number 60.
11. Severability
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.
12.
Penalty
(1)
Every person who contravenes any provision of this By-law is
guilty of an offence and liable:
a) on a first conviction to a fine of not more than $25,000, and
b) on any subsequent conviction, to a fine of not more than
$50,000.
(2)
Where the person convicted is a corporation, the maximum
fines are $50,000 on a first offence and $100,000 for any
subsequent conviction.
13.
Part XII - Miscellaneous
(1)
All Schedules to this By-law form part of this By-law.
(2)
A reference to the singular or the masculine shall be deemed
to refer to the plural or feminine as the context may require.
14.
Repeal
By-Law Number 2023-017 as amended and all policies in regard to fees and refunds,
are hereby repealed in their entirety.
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15.
Effective Date
That this By-Law shall come into effect on September 17, 2024.
Read a first, second and third time and finally passed in open Council this 17th day of
September 2024.
___________________________
Jim Martin, Mayor
Robert V. Angione, Clerk
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SCHEDULE "A"
TO BY-LAW 2024-069
Building Permit Fees 2024
Type
2024 Fee
Residential, Seasonal Residential, Multi-Residential,
Agriculture
New, Additions, Covered Porch
$ 1.40
per sq. ft.
Residential, Seasonal Residential, Multi-Residential
Tenant Fit-up (Renovation)
$ 0.38
per sq. ft.
Commercial, Industrial, Institutional
New, Additions
$ 1.50
per sq. ft.
Commercial, Industrial, Institutional
Tenant Fit-up (Renovation)
$ 0.38
per sq. ft
Accessory Buildings - All Classes
i.e., garages, boathouses, utility sheds
$ 0.72
per sq. ft
Decks, Verandas - All Classes
(no roof)
$ 0.81
per sq. ft
Plumbing Permit Only - All Classes
$75.00 plus $7.50 per fixture
Minimum of $120.00
Change of Use-No Construction
$150.00
Demolition
$125.00
Transfer of Permit
$375.00
Deferral of Revocation of a permit
$100.00
Minimum Permit Fee
$150.00
Building Without a Permit
Permit fee + 100% of
original fee
Projects not defined above
$150.00
Issuance of Order Under BCA
Stop Work Order plus Registration
on Title
$150.00
$200.00
Occupancy Permit
$150.00
Sign Permit
Renewal Fee Permit - after 2 years
$ 75.00
$200.00
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Courtesy Inspection
$150.00
Inspections on permits 10 years or older per inspection
$150.00
Fees per inspection deemed necessary by the Chief Building
Official or for call-back inspections where the work was not
complete/failed inspection (applicable to existing buildings or
defective/deficient new/altered.
Farm structures
Foundation
$150.00
.40 per sq. ft
.40 per sq. ft
Administrative fee - Cloudpermit application submission on
behalf of owner/applicant
$100.00
Revision to Plans - Minor
Revision to Plans - Major
$100.00
0.05 per sq. ft - minimum
$250.00
Public Pool Permits
$500.00
Class 4 Sewage System, design capacity less than or equal to
4,500 litres per day
$1,000.00
Class 4 Sewage System, design capacity greater than 4,500
litres per day and less than 10,000 litres per day
$1,450.00
Class 4 Sewage System tank replacement only
$400.00
Class 5 Sewage System (Holding Tank)
$1,000.00
Class 3 Sewage System (Cesspool)
$500.00
Class 2 Sewage System (Greywater system)
$500.00
System permit for Filter Bed repair, replacement, or extension
of 6 square meters or less; Trench bed repair, replacement or
extension of 16 meters of less
$500.00
Mandatory Maintenance Inspections- Inspections of Sewage
Systems (Source Water Protection Areas)
$375.00
Existing Sewage System Review or Change of Use
$400.00
Rezoning, minor variance or Official Plan Amendment
comments requiring a site visit
$250.00
Severance or Subdivision Comments
First lot $300.00
Each additional lot,
$150.00
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SCHEDULE "B"
TO BY-LAW 2024-069
SITE PLAN REQUIREMENTS
The following shall be shown clearly on the site plan:
-
Drawn to the appropriate scale
-
Include all existing buildings and sizes
-
Lot dimensions
-
All four setbacks to building (proposed and existing)
-
Septic locations (proposed and existing)
-
Surface water drainage by arrows (not to flow to adjacent properties)
-
Any retaining wall
-
North arrow
-
Street name and number
-
Legal description of property
-
Right-of-way width (fire road)
-
Proposed and existing swales and ditches
-
Foundation or sump drainage (to dry well or ditch)
-
Proximity to above ground electrical wires
Commercial properties also need to include:
-
Hours of operation
-
Proposed signs and locations
-
Proposed illumination and location
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SCHEDULE "C"
TO BY-LAW 2024-069
Existing Sewage System - Application Review
Class 2 and 3
3B: Site Evaluation Form
Class 4 and 5
3A: Site Evaluation Form