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## CORPORATION OF THE TOWNSHIP OF HOWICK
## BY-LAW NO. 19 - 2005
A by-law respecting Construction, Demolition and Change-of-Use Permits and Inspections, and to repeal By-Law No. 19-1998 and By-Law No. 07-2005.
WHEREAS Section 7 of the Building Code Act, S.O. 1992, C.23, as amended, empowers municipal councils to pass by-laws respecting construction, demolition and change-of-use permits and inspections;
AND WHEREAS Section 35 of the Building Code Act, S.O. 1992, C.23, as amended provides that the Act and the Building Code, as amended supersede all municipal bylaws respecting the construction or demolition of buildings;
AND WHEREAS Section 3(1) of the Building Code Act, S.O. 1992, C.23, as amended 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, S.O. 1992, C.23, as amended provides that the council of each municipality shall appoint a Chief Building Official and uch inspectors as are necessary for the enforcement of this Act in the areas in whic le municipality has jurisdictio
NOW THEREFORE the Council of the Corporation of the Township of Howick enacts as follows:
## CITATION AND DEFINITIONS
- 1.1 Short Title
This by-law may be cited as the "Building By-law".
## 1.2 Definitions
In this by-law,
- a. "Act" means the Building Code Act, S.O. 1992, C.23, as amended;
- b. "As constructed plans" means as-constructed plans as defined in the Building Code, as amended
- C. "Architect" means a holder of a license, a certificate of practice, or a temporary license under the Architect's Act as defined in the Building Code, as amended;
- d. "Building" means a building as defined in the Act;
- e. "Building Code, as amended" means regulations made under Section 34 of the Act;
- f. "Chief Building Official" means the Chief Building Official appointed by by-law of the Corporation of the Township of Howick for the purposes of enforcement of the Act;
7. "Complete" means a building permit application in accordance with Article 2.4.1.1A. of the Building Code, as amended submitted with all required approvals appended in order to comply with the building permit timelines as noted in Article 2.4.1.1B. of the Building Code, as amended;
- h. "Corporation" means the Corporation of the Township of Howick;
- i. "Demolish" means demolish as defined in the Building Code, as amended;
- j. "Farm Building" means a farm building as defined in the Building Code, as amended;
- k. "Final Occupancy" means when all outstanding items on a partial Occupancy, including grading, have been completed;
- I. "Owner" means the registered owner of the land and includes a lessee, mortgagee in possession and the person in charge of the property, acting as the authorized agent of the owner;
- m. "Partial Occupancy" means a permit issued to allow occupancy of a building prior to its completion in accordance with Article 2.4.3.1 of the Building Code, as amended;
- n. "Permit" means written permission or written authorization from the Chief Building Official to perform work regulated by this by-law and the Act, or to change the use of a building or part of a building or parts thereof or, in the case of an occupancy permit, to occupy a building or part of a building or parts thereof;
- O. "Plumbing" means plumbing as defined in Section 1(1) of the Act;
- p. "Residential construction site" means any construction site in respect of which a building permit has been issued for the construction of a new building consisting of a single dwelling unit where such excavation is within
2 m. of another occupied dwelling unit except where the site is within a registered plan of subdivision which subdivision is being developed for the first time;
9. "Sewage System" means a sewage system as defined in Section 1(1) of the Regulations;
- r. Other terms which may be used in the by-law and which are defined in the Building Code Act, 1992, including "change certificate"; "construct"; "demolish"; "municipality"; "officer"; "planning board"; "principal authority", "registered code agency"; and "regulations".
## 2. PERMITS
- 2.1 Classes of Permits (Ontario Building Code Act, Section 7(a)
Classes of permits required for any stage of construction, demolition, change of use, occupancy of a partially complete building, conditional permits and other classes as set forth in Schedule "A" appended to and forming part of this by-law.
- 2.2 Application for Permit (Ontario Building Code Act, Section 7(b)
- 2.2.1 To obtain a permit an applicant shall file a "complete" application in writing on forms regulated by the Province of Ontario and those required by the Chief Building Official.
- 2.2.2. Every application for a permit shall be submitted to the Chief Building Official, and shall contain the following information:
- (a) Where application is made for a construction permit under Subsection 8(1) of the Act, the application shall:
- (i) use the provincial application form, "Application for a Permit to Construct or Demolish":
- (ii) include plans, specifications, forms, documents and other information as may be required by Article 2.4.1.1B of the Building Code, as amended and as prescribed in this by-law for the work to be covered by the permit;
- (ii) include the proposed or existing occupancy of all parts of the building; and
- include the required fee as prescribed by Schedule "D" attached hereto and forming part of this By-law.
- (b) Where application is made for a demolition permit under Subsection 8(1) of the Act, the application shall:
- (i) use the provincial application form, "Application for a Permit to Construct or Demolish";
- (ii) include plans, specifications, forms, documents and other information as may be required by Article 2.4.1.1B of the Building Code, as amended and as described in this by-law for the work to be covered by the permit;
- (iii) include the existing occupancy of all parts of the building;
- (iv) include the required fee as prescribed by Schedule "D" attached.
- (c) Where application is made for a conditional permit under Subsection 8(3) of the Act, the application shall:
- (i) use the provincial application form, "Application for a Permit to Construct or Demolish";
- (ii) include plans, specifications, forms, documents and other information as may be required by Article 2.4.1.1B of the Building Code, as amended and as described in this by-law for the work to be covered by the permit;
- (iii) include the proposed or existing occupancy of all parts of the building;
- (iv) include the required fee as prescribed by Schedule "D" attached
- (v) state the reasons why the applicant believes that unreasonable delays in construction would occur if a conditional permit is not granted;
- (vi) state the poses any ding rava, which must be sained in ras ect be obtained;
- (vii) include an agreement in writing by the applicant and such other persons as the Chief Building Official determines Corporation dealing with the matters required pursuant to Section 8(3)(c) of the Building Code Act; and
- (vili) state the time in which plans and specifications of the complete building will be filed with the Chief Building Official.
- (d) Subse ion at) of me Act the pation shal be it sited on der Chief Building Official and shall:
- (i) Coe the or era splication forma "Application for a Permit to
- (ii) describe the building in which the occupancy is to be changed, by a description that will readily identify and locate the building;
- (iii) identify and describe, as required by the Chief Building Official, the current and proposed occupancies of the building of part of a building for which the application is made;
- (iv) include, as may be required by the Chief Building Official, 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, as amended, including floor plans, details of walls, ceiling and roof assemblies identifying required fire resistance ratings and load bearing capacities and details of the existing sewage system, if any;
- (v) include the required fee as prescribed by Schedule "D" attached.
- (vi) state the name, address and telephone number of the owner; and
- (vii) be signed by the owner or his or her authorized agent who shall certify the truth of the contents of the application.
- (e) Respecting permits for plumbing, the Corporation of the Township of Howick has entered into an agreement with the County of Huron, under Subsection 33 of the Act. The County of Huron shall be responsible for all aspects of plumbing under Section 7 of the Building Code.
- Every application for a sewage system permit shall be submitted to the Chief Building Official and contain the following information:
- (1) use the provincial application form, "Application for a Permit to Construct or Demolish;
- (ii) include plans, specifications, forms, documents and other information as may be required by Article 2.4.1.1B. of the Building Code, as amended and as described in this by-law for the work to be covered by the permit.
- (iii) include the required fee as prescribed by Schedule "D" attached.
- (iv) a site evaluation, which shall include all of the following items, unless otherwise specified by the Chief Building Official:
- (a) the date the evaluation was done;
- (b) name, address, telephone number and signature of the person who prepared the evaluation;
- (c) a scaled map of the site showing:
- the legal description, lot size, property dimensions, existing rights-of-way, easements or municipal/utility
- i) the location and clearance of items listed in Articles 8.2.1.5. and 8.2.1.6. of the Buildina Code, as amended;
- iv) the location of any unsuitable, disturbed or compacted
- ili) the location of the proposed sewage system;
- v) proposed access routes for system maintenance;
- vil) depth to zones of soil saturation;
- vi) depth to bedrock;
vili) soil properties, including soil permeability; and
- ix) soil conditions, including the potential for flooding.
## 2.3 Revision to Permit
After issuance of a permit under the Act, notice of any material change to a plan, specification, document or other information on the basis of which a permit was issued, must be given in writing, to the Chief Building Official together with the details of such change, which is not to be made without his or her authorization.
## 2.4 Plans and Specifications (Ontario Building Code Act, Section 7(b))
- 2.4.1 Sufficient information shall be submitted with each application for a permit to enable the Chief Building Official to determine whether or not the proposed construction, demolition, change of use, etc. will conform with the Act, the Building Code, as amended and any other applicable law.
- 2.4.2 Each application shall, unless otherwise specified by the Chief Building Official, be accompanied by two complete sets of the plans and specifications required under this by-law.
- 2.4.3 Plans shall be drawn to scale on paper or other durable material, shall be legible and, without limiting the generality of the foregoing, shall include such information as set out in Schedule "C" to this By-law unless otherwise specified by the Chief Building Official.
- 2.4.4 Site plans shall be referenced to an up-to-date survey and, when required by the Chief Building Official to demonstrate compliance with the Act, the Building Code, as amended or other applicable law, a copy of the survey shall be submitted to the Chief Building Official. Site Plans shall show:
- (a) Lot size and the dimensions of property lines and setbacks to any existing or proposed buildings;
- (b) existing and finished ground levels or grades;
- (C) existing rights-of-way, easements, municipal services and fencing; and
- (d) proposed fire access routes and existing fire hydrant locations.
- 2.4.5 The granting of a permit, the review of the drawings and specifications or inspections made by the Chief Building Official or an inspector shall not in any way relieve the owner of a building from full responsibility for carrying out the work or having the work carried out in accordance with the requirements of this by-law, the Act and the Building Code, as amended, including ensuring that the occupancy of the building, or any part thereof, is in accordance with the terms of this by-law and the Building Code, as amended.
- 2.4.6 The Chief Building Official may require that a set of plans of a building or any class of buildings as constructed be filed with the Chief Building Official on completion of the construction under such conditions as may be prescribed in the Ontario Building Code Act, Section 7(g), as amended.
- The Chief Building Official may deem an application for a permit to have been abandoned and cancelled six months after the date of filing, unless such application is being seriously proceeded with.
## 2.5 Equivalents
The Chief Building Official may allow the use of materials, systems and building designs that are not authorized in the Building Code, as amended in accordance with Section 9 (1) of the Ontario Building Code Act.
## 3. FEES (Ontario Building Code Act, Section 7(c))
- 3.1 Fees for a required permit shall be as prescribed by Schedule "D" attached hereto and forming a part of this By-Law.
- 3.2 Where application is made for a conditional permit, the conditional application fee shall be payable at application for permit and, in addition to this fee, prior to issuance of the conditional permit the applicable construction permit fee shall be paid for the complete project.
- 3.3 Where the fees payable in respect of an application issued under Subsections 8(1) or 8(3) of the Act are based on a floor area, floor area shall mean the total floor space of all storeys including storeys below the first storey (except the unfinished floor area below the first storey in single family dwellings) measured as the horizontal area between the exterior surface of all exterior walls of the
- 3.4 an application for a change-of-use permit issued under Subsection 10(1) of the Act the change of use permit fee shall be utilized when no construction is proposed or required. When construction is proposed or required and will result in a change of use the appropriate construction permit fee shall be utilized.
- 3.5 The Chief Building Official shall determine permit fees not described or included in the attached Schedule "D".
## 3.6 Refund of Fees (Ontario Building Code Act, Section 7(d)
this by-law.
## 4. NOTICE REQUIREMENTS FOR INSPECTIONS (Ontario Building Code Act, Section 7(e))
Vith respect to "additional notices" under Article 2.4.5.2. of the Building Code, a mended the owner or an authorized agent shall notify the Chief Building Offici or an inspector at least two business days prior to the following stages of construction listed in clauses 2.4.5.2. (1)(a), (b), (c), (g) and (h) of the Building Code, as amended.
## 5. TRANSFER OF PERMIT (Ontario Building Code Act, Section 7(h))
Permits are non-transferable without written consent of the Chief Building Official and a Transfer of Permit being issued.
## 6. PRESCRIBED FORMS (Ontario Building Code Act, Section 7(f))
The forms prescribed for use shall be regulated by the Province of Ontario and the Chief Building Official.
## 7. PENALTY CLAUSE
Section 36 of the Building Code Act provides that a person is guilty of an offence under the Building Code Act if a person contravenes the Building Code Act, the regulations or this by-law.
## 8. REPEAL CLAUSE
By-Law No. 19-1998 (Building By-Law) for the Corporation of the Township of Howick is hereby repealed.
y-Law No. 07-2005, a by-law to amend By-Law No. 19-1998 (Classes ( ermits and Fees) for the Corporation of the Township of Howick is hereb repealed.
READ a FIRST, SECOND and THIRD time and finally passed this 12th day of July, 2005.
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losemary
qualise
Rosemary Rognvaldson, REEVE
made to Ronna Lee Johnson, CLERM
## CORPORATION OF THE TOWNSHIP OF HOWICK
## SCHEDULE "A" to BY-LAW NO. 19 - 2005
## CLASSES OF PERMITS
1. Building Permit (Building Code Act, Section 8(1)) may be issued for all types of construction governed by the Building Code, as amended and may include plumbing, farm buildings, change-of-use, sewage systems and heating, ventilating and air conditioning systems, moving a building, etc.
2. Partial Building Permit (Building Code Act, Section 8(1)) (Partial permits are appropriate where the construction authorized by the permit complies with the Act, Building Code, as amended and other applicable laws)
When, in order to expedite work, approval of a portion of the building or project is desired prior to the issuance of a permit for the complete building or project, application shall be made and fees paid for that portion of the building or project. Complete plans and specifications covering the portion of the work for which immediate approval is desired shall be filed with the Chief Building Official.
Where a permit is issued for part of a building or project, such permit shall not be construed to authorize construction beyond the plans for which approval was given nor that approval will necessarily be granted for the entire building or project
3. Conditional Permit may be issued by the Chief Building Official in accordance with Section 2.2.2(c) of this by-law.
4. Change-of-Use Permit may be issued where a change in use of a building or part of a building would result in an increase in hazard as determined under Section 2.4.1.2(1) of the Building Code, as amended proposed. even though no construction is
5. Sewage System Permit is required for all Classes of Systems as defined in Section 8.1.2.1(1), (a), (b), (c), (d) and (e), Classification of Systems in the regulations.
6. Sign Permit may be issued in respect of the structural requirements for signs as described in Section 3.14 of the Building Code, as amended
7. Special Building Permit may be issued for all types of construction governed by the Building Code, as amended and may include plumbing, farm buildings, sewage systems, signs, change of use and heating, ventilating and air conditioning systems at the discretion of the Chief Building Official where construction or change of use has commenced prior to the issuance of the permit.
## CORPORATION OF THE TOWNSHIP OF HOWICK
## SCHEDULE "B" to BY-LAW NO. 19 - 2005
## REFUND OF BUILDING PERMIT FEES
| STATUS OF PERMIT APPLICATION | PERCENTAGE OF FEE ELIGIBLE FOR REFUND |
|------------------------------------------------------------------------|-----------------------------------------|
| Application received No processing or review of plans submitted | 90% |
| Application received Plans reviewed and permit issued | 60% |
| Additional deduction for each field inspection that had been performed | 10% |
| Permits valued at less than $100.00 | Nil |
No refund shall be given unless a written request has been made by the owner or authorized agent, and unless the permit is returned for cancellation.
No refund shall be made where the Chief Building Official has revoked a permit under Subsection 8(10) of the Act.
## CORPORATION OF THE TOWNSHIP OF HOWICK
## SCHEDULE "C" to BY-LAW NO. 19 - 2005
## LIST OF PLANS, SPECIFICATIONS, DOCUMENTS AND OTHER INFORMATION TO ACCOMPANY APPLICATIONS FOR PERMITS
## Plans
1. Ontario Land Surveyors Plans
2. Site Plan
3. Contour of Grade Plans
4. Drainage Plans
5. Foundation Plans
6. Architectural Plans
7. Structural Plans
8. Mechanical and Electrical Plans
9. Reinforced Concrete Plans
10. Chimney and Fireplace Plans
11. Renovation and Alteration
12. As Constructed Plans
13. Fire Alarms or Evacuation Plans (within buildings)
14. Fire Protection Plans - showing the type of fire assemblies, fire separations, fire compartments, and fire resistance ratings within buildings
15. Schematic Plans - showing the type, location and operation of all building fire emergency systems.
16. On-Site Sewage System Plans
## Specifications
- Specification on entrances to the property with necessary approvals in writing
2. Specifications on sewer system and water supply whether Municipal or private, with necessary written approvals.
3. Specifications on the proposed occupancies.
4. Specifications on building materials or a method of construction, and may require to be submitted by a registered professional engineer.
5. Specifications on soils investigations.
6. Specifications on any other applicable law as set out in Section 8(2)(a) of the Building Code Act, as amended.
## Documents
1. Trade Certificates and Certification of Qualification.
## Other
1. Any other information as may be relevant to prove compliance with the Building Code Act and Ontario Building Code.
NOTE: The Chief Building Official may specify that not all of the above-mentioned plans, specifications and documents are required to accompany an application for a permit.
Schedule "A" to By-law 18-2017, Schedule 'D' to By-law 19-2005, Schedule "E" to By-law 13-2015
| Classification | Fees |
|-------------------------------------------------------------------|-----------|
| Single Family Residential & Additions | |
| per square foot | $0.63 |
| unfinished basement | $0.25 |
| plus finished basement | $0.25 |
| plus attached garage | $0.25 |
| base fee in addition to square foot fee | $75.00 |
| Accessory Buildings - Residential | |
| per square foot | $0.23 |
| base fee in addition to square foot fee | $75.00 |
| Residential - Renovations | |
| per square foot | $0.55 |
| per $1000 of value of work | $8.00 |
| base fee in addition to value of work fee | $75.00 |
| Multi-Residential | |
| per square foot | $0.63 |
| plus finished basement | $0.25 |
| plus attached garage | $0.25 |
| base fee in addition to square foot fee | $75.00 |
| Mobile Homes | |
| per square foot | $0.63 |
| plus finished basement | $0.25 |
| plus attached garage | $0.25 |
| base fee in addition to square foot fee | $75.00 |
| Commercial / Industrial / Institutional | |
| per square foot | $0.50 |
| per $1000 of value of work | |
| base fee in addition to square foot fee | $75.00 |
| Commercial / Industrial / Institutional - Additions & Renovations | |
| per sq ft | $0.50 |
| per $1000 of value of work | $8.00 |
| base fee in addition to value of work fee | $75.00 |
| Commercial / Industrial / Institutional - | Accessory |
| per square foot | $0.28 |
| per $1000 of value of work | |
| base fee in addition to square foot fee | $75.00 |
| Farm Buildings - Housing Livestock | |
| per square foot | $0.23 |
| per $1000 of value of work | |
| base fee in addition to square foot fee | $75.00 |
| Farm Buildings for other than Housing | Livestock |
| per square foot | $0.18 |
| per $1000 of value of work | |
|------------------------------------------------------------------------|-------------------------------------------------------------------|
| base fee in addition to square foot fee | $75.00 |
| Agricultural - Additions & Renovations | Agricultural - Additions & Renovations |
| per square foot | $0.18 |
| per $1000 of value of work | |
| base fee in addition to value of work fee | $75.00 |
| All Tarped Structures | |
| per square foot | $0.18 |
| per $1000 of value of work | |
| base fee in addition to square foot fee | $75.00 |
| Tents | |
| per tent | $110.00 |
| Manure Store Facilities | |
| base fee in addition to | $75.00 |
| Solid | base fee plus $2.75 per lineal ft |
| Liquid | base fee plus $2.75 per lineal ft |
| Bunkers & Tower Silos | |
| per $1000 of value of work | $200 flat fee |
| base fee in addition to square foot fee | |
| Per $1000 of | |
| value of work base fee in addition to value of work | $150 flat fee |
| Swimming Pools | |
| Above Ground - flat fee | $100.00 |
| In ground - flat fee | $150.00 |
| Soild Fuel Burning Appliances-Woodstoves-Chimneys | |
| per $1000 of value of work | $125.00 |
| base fee in addition to value of work fee Decks, Balconies and Porches | |
| per square foot | $0.23 |
| Minimum Permit fee | $75.00 |
| All Alternate Energy Projects - (Wind/Solar | etc.) |
| per $1000 of value of | |
| per square foot | $0.20 / sq ft (roof mount) |
| Solar power project under 10kw. - Flat | |
| work | $12.50 |
| Base fee in addition to value of works fee | $75.00 $435.00 |
| Rate | |
| Septic/Sewage System Permits | |
| Permit - Class 2 & 3 | $250.00 |
| Permit - Class 4 & 5 | |
| Permit - Tank Repair only or Leaching | bed repair Replacement Tank - $ 175.00 Bed Replacement - $ 275.00 |
| Greenhouse | |
| per square foot | $0.18 |
| per $1000 of value of work | |
| base fee in addition to square foot fee | $75.00 |
| Plumbing Permit | $5.00 per fixture unit |
|----------------------------------------------|--------------------------------------|
| Transfer of Permit | $75.00 |
| Occupancy Permit | $100.00 if no permit |
| Any Construction started without a permit | 4 times the original perfmit fee |
| Minimum Permit fee | $100.00 |
| Temporary Structure (Temporary Dwelling) | $100.00 |
| Change of Use | $100.00 |
| Demolition | |
| per $1000 of value of work | $8.00 |
| base fee in addition to square foot fee | $75.00 |
| Zoning Certificates | $80.00 |
| Moving Permit | |
| Property Inquiry / File Search | |
| Copy of Permits/Application | |
| Any other Building or Structure Not Included | $75.00 plus $8.00 per 1,000 of value |
| Inspection Only - No permit | $75.00 |
| Conditional Permit | |
| Inspection Requested and Not Ready | $75.00 |
| Second Dwelling on Residence while building | |
| Re-inspection fee | $75.00 plus mileage |