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CORPORATION OF TOWN OF HUNTSVILLE
BY-LAW NUMBER 2019-94
Being a by-law respecting Construction, Demolition, Change of Use,
Conditional Permits, Sewage System and Inspections
WHEREAS Section 7 of the Building Code Act, 1992, s.o. 1992 c.23 as
amended, empowers Council to pass certain By-laws respecting construction,
demolition, change of use, conditional permits, sewage systems and inspections.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN
OF HUNTSVILLE ENACTS AS FOLLOWS:
1.
SHORT TITLE
1.1
This By-law may be cited as the "Building By-law"
2.
DEFINITIONS
2.1
In this By-law,
2.1.1 "Act" means the Building Code Act, 1992, as amended, including
amendments thereto.
2.1.2 "As Constructed Plans" means as constructed plans as defined in
the Building Code.
2.1.3 "Building" means a building as defined in Section 1(1) of the Act.
2.1.4 "Building Area" means the greatest horizontal area of a building
within the outside surface of the exterior walls.
2.1.5 "Building Code" means the Regulations made under Section 34 of
the Act.
2.1.6 "Chief Building Official" means the Chief Building Official
appointed by the By-law of the Corporation of the Town of
Huntsville for the purposes of enforcement of the Act.
2.1.7 "Completion" permit means a permit that is obtained to complete a
project that has had a portion of the project constructed without
Building By-law 2019-94
Page 2
benefit of a permit. The permit fee for this class of permit includes
the cost of any enforcement required to obtain compliance.
2.1.8 "Construction Revision" means revised drawings required as a
result of inspection revealing construction that has not been carried
out in accordance with the permit drawings.
2.1.9 "Corporation" means the Corporation of the Town of Huntsville.
2.1.10 "Dormant Building Permit Review" means a review by the Chief
Building Official or his designate of a dormant building permit file.
2.1.11 "Dormant Building Permit" means a building permit that has been
issued for more than 18 months, and has not had any inspection
requested or carried out in the past 12 months.
2.1.12 "Farm Building" means a farm building as defined in the Building
Code.
2.1.13 "House" means a detached house, semi-detached or row house
containing not more than two dwelling units.
2.1.14 "Permit" means written permission or written authorization from the
Chief Building Official to perform work regulated by this By-law and
the Act.
2.1.15 "Permit File Maintenance Fee" Means a fee charged when a
request is made for an inspection of a permit that has been issued
for more than 18 months.
2.1.16 "Permit Revision Drawings" mean drawings that are submitted
for review and an amendment to the permit drawings as per S.S.
(12) of the B.C.A.
2.1.17 "Plumbing" means plumbing as defined in Section 1(1) of the Act.
2.1.18 "Re-inspection" means an inspection that is required due to the
work subject to inspection not being completed at the time of the
original request for inspection.
2.1.19 "Remedy Unsafe permit" means a permit that has become
necessary due to a building being determined to be unsafe by the
Chief Building Official. The permit fee for this class of permit
includes the cost of any enforcement required to obtain compliance.
2.1.20 "Sewage System" means a sewage system as defined in the
Building Code.
Building By-law 2019-94
Page 3
2.1.21 "Special Inspection" means an inspection that is requested and
carried out not in connection with a permit, at the discretion of the
Chief Building Official.
3.
CLASSES OF PERMITS
3.1.
Classes of permits with respect to the construction, renovation, demolition
and change of use of buildings and permit fees shall be as set out in the
current Town of Huntsville User Fee By-Law.
4.
REQUIREMENTS FOR APPLICATIONS
4.1
The Application
To obtain a permit, the owner or an agent authorized by the owner shall
file an application in writing by completing a prescribed form available at
the office of the Chief Building Official or from the Building Code website
www.obc.mah.gov.on.ca.
4.2
Where application is made for a building permit under Subsection 8(1) of
the Act, the application shall:
4.2.1 Identify and describe in detail the work and the occupancy to be
covered by the permit for which application is made.
4.2.2 Describe the land on which the work is to be done, by a description
that will readily identify and locate the building lot.
4.2.3 Unless the requirements of 4.2.4 can be meet the application shall
include a minimum of three sets of complete plans and
specifications for the work to be covered by the permit and show
the occupancy of all parts of the building
4.2.4 If the application pertains to a house, sign, or demolition a minimum
of two sets of complete plans and specifications for the work to be
covered by the permit and show the occupancy of all parts of the
building.
4.2.5 State the valuation of the proposed work including material and
labour and be accompanied by the required fee.
4.2.6 State the names, addresses, emails and telephone numbers of the
owner, and where applicable, the architect, engineer, other
designer and contractor.
4.2.7 Be accompanied by a written acknowledgement of the owner that
he has retained an Architect or Professional Engineer to carry out
the field review of the construction where required by the Building
code and,
Building By-law 2019-94
Page 4
4.2.8 Be signed by the owner or his or her authorized agent who shall
certify the truth of the contents of the application.
4.3
Where application is made for a demolition permit under Subsection 8(1)
of the Act, the application shall,
4.3.1 Contain the information required by clauses 4.2.1 to 4.2.7 and,
4.3.2 May be required to be accompanied by satisfactory proof that
arrangements have been made with the proper authorities for the
cutting off and plugging of all water, sewer, electric, telephone or
other utilities and services.
4.3.3 The required site plan shall show the elevation of existing grade at
all four corners of the structure, height, location of structure, all
known services on the property, and all existing setbacks to
property lines as defined in the present-day zoning bylaw at
submission.
4.4
Where application is made for a conditional permit under Subsection 8(3)
of the Act, the application shall:
4.4.1 Contain the information required by clauses 4.2 to 4.2.7.
4.4.2 Contain such other information, plans and specifications concerning
the complete project as the Chief Building Official may require.
4.4.3 State the reasons why the applicant believes that unreasonable
delays in construction would occur if a conditional permit is not
granted.
4.4.4 State the necessary approvals, which must be obtained in respect
of the proposed building and the time in which such approvals will
be obtained.
4.4.5 State the time in which plans and specifications of the complete
building will be filed with the Chief Building Official.
4.4.6 If applicable have written proof that public works has approved any
Environmental Compliance Approval (ECA) applications required
for the development.
4.5 Change of Use Permits
4.5.1 Every applicant for a change of use permit issued under Subsection
10(1) of the Act shall be submitted to the Chief Building Official and
shall,
Building By-law 2019-94
Page 5
4.5.2 Describe the building in which the occupancy is to be changed, by
a description that will readily identify and locate the building,
4.5.3 Identify and describe in detail the current and proposed
occupancies of the building or part of a building for which the
application is made,
4.5.4 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, ceiling
and roof assemblies, identifying required fire resistance ratings and
load bearing capabilities,
4.5.5 Be accompanied by the required fee,
4.5.6 State the name, address, e-mail address and telephone number of
the owner, and
4.5.7 Be signed by the owner or his or her authorized agent who shall
certify the truth of the contents of the application.
4.6
Sewage Systems
4.6.1 Every application for a sewage system permit shall be submitted to
the Chief Building Official and contain the following information:
4.6.2 The information required by Section 4.2.1,
4.6.3 The name address, e-mail address, telephone number and license
number of the person installing the sewage system,
4.6.4 Where the person named in Section 4.4.1.2 above requires a
license under the Act and the Building Code, the number and date
of issuance of the license, and the name of the qualified person
supervising the work to be done under the sewage system permit,
4.6.5 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 of Municipal/utility
corridors,
- the location of any existing or proposed buildings,
- the location of the proposed sewage system,
Building By-law 2019-94
Page 6
- the location of any unsuitable, disturbed or compacted
areas,
- proposed access routes for system maintenance.
d) depth of bedrock;
e) depth to zones of soil saturation;
f)
soil properties, including soil permeability;
g) soil conditions, including the potential for flooding.
4.7
Equivalents
ALTERNATIVE SOLUTIONS
The person proposing an alternative solution shall provide the
documentation required by Section 2.1 DIV C of the Ontario Building
Code.
4.8 Plans and Specifications
4.8.1 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 or change of use will
conform to the Act, the Building Code and any other applicable law.
4.8.2 After the issuance of a permit under the Act, notice of any material
change to a plan, specification, document or other information on
the basis of which the permit was issued shall not to be made
without the written authorization of the Chief Building Official.
4.8.3 Each application shall, unless otherwise specified by the Chief
Building Official, be accompanied by two complete sets of plans
and specifications required under this by-law.
4.8.4 Plans shall be drawn to scale on paper, cloth or other durable
material shall be legible and without limiting the generality of the
foregoing, shall include such working drawings as set out in
Schedule "B" to this by-law, unless otherwise specified by the Chief
Building Official. All fonts must have a minimum height of 3mm
4.8.5 Site plans shall be accurately drawn to scale, and when required by
the Chief Building official to demonstrate compliance with the Act,
the building code or applicable law; a copy of a survey prepared by
an Ontario Land Surveyor shall be submitted. Site Plans shall
show:
4.8.5.1 Lot Size and the dimensions of the property lines and
setbacks to any existing or proposed buildings,
4.8.5.2 Existing and finished ground levels or grades, drainage
patterns and storm water outlets.
Building By-law 2019-94
Page 7
4.8.5.3 Existing and proposed rights-of-way, easements and
Municipal services,
4.8.5.4 Verification by an Ontario Land Surveyor of by-law
compliance may be required before proceeding past
foundation state, if required by the Chief Building Official.
4.9
Fire Access Route Consideration
4.9.1 The Design of all required fire access routes shall be completed by
the qualified designer of the project. All fire access routes shall be
designed in conformance with part 3 of the Ontario Building code
(including part 9 building) unless an exemption is noted below. The
following is a general outline of the requirements for access route,
however all projects are subject to the municipalities approval.
Additional requirements may be required based on an individual
project bases.
4.9.1.1
The design of a fire access route for residential buildings
shall be in accordance with part 3, if the project consists of
more than 3 dwelling units or the route of travel from the
road way to the building exceeding400' in length. Sprinklers
shall be considered as an alternative solution when Part 3
access routes requirements cannot be met.
4.9.1.2
The fire access route for Part 9 buildings that are serviced
shall be provided to a building face in accordance with Part
3. An access opening in accordance with part 9 can be used
as the principal entryway when designing the fire access
route. Location of existing fire hydrants must be indicated
and considered in the design.
4.9.1.3
The fire access route for Part 9 Buildings located in the rural
areas shall be to a building face with an access opening in
accordance with part 3. Part 3 water supply requirements
maybe omitted, unless multi-residential units are
incorporated into the design. Water availability from
neighboring properties can be used provided that legal
access is presented to the town.
5.
PAYMENT OF FEES
5.1
Fees for a required permit shall be as set out in the current Town of
Huntsville fee by-law and are due and payable upon submission of an
application for a permit.
5.2
Where the fees payable in respect of an application for a construction or
demolition permit issued under Subsection 8(1) of the Act or a conditional
Building By-law 2019-94
Page 8
permit under Subsection 8(3) of the Act are based on the cost of valuation
of the proposed work, the cost of valuation of the proposed work shall
mean the total value of all work regulated by the permit, including the cost
of all material, labour, equipment, overhead and professional and related
services, provided that where application is made for a conditional permit,
fees shall be paid for the complete project.
5.3
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 the applicant shall pay the required fee under protest and, within
six (6) months of completion of the project, shall submit an audited
statement of the actual costs and where the audited value is determined to
be less than the valuation, the Chief Building Official shall issue a refund.
5.4
The permit fees paid are for the review of the permit documents, creation
and maintenance of the permit file and the required inspections if
completed within 18 months of the permit issuance. If the project remains
incomplete or the required inspections have not been requested and
carried out within the 18 months, A "Dormant Building Permit review" fee
may apply.
6. REFUNDS
6.1
In the case of withdrawal of an application or the abandonment of all or a
portion of the work or the non-commencement of any project, the Chief
Building Official shall determine the amount of paid permit fees that may
be refunded to the applicant, if any, in accordance with Schedule "A"
attached to and forming part of this By-law. Application for refund must be
made within 6 months of the date of permit application in order to be
eligible for a refund of any permit fee.
7. NOTICE OF REQUIREMENTS FOR INSPECTIONS
7.1
The owner or an 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. In addition to the
prescribed notice contained in 1.2.5.1. DIV C of the Building Code, notice
of any solid fueled fired appliance rough-in 1.3.5.2.(1)(c)is also required.
Notice of completion is also required in accordance with subsection 11(2)
of the Building code Act.
7.2
Notice may be given in one of the following ways;
1.
Phone message at (705)789-1751 Ext. 2349
2.
Fax at (705) 788-5153
3.
In person at the Building Department counter
4.
ONLINE through www.huntsville.ca
Building By-law 2019-94
Page 9
8.
AS CONSTRUCTED PLANS
8.1
The Chief Building Official may require that a set of plans of a building or
any class of building as constructed be filed with the Chief Building Official
on completion of construction.
9.
REPEAL OF BY-LAWS
9.1
That By-Law 2016-21 of the Corporation of the Town of Huntsville is
hereby repealed.
READ a first, second and third time and finally passed this 23rd day of
September, 2019.
_________________________
_____________________________
Deputy Mayor (Karin Terziano)
Clerk (Tanya Calleja)
SIGNED
SIGNED
Building By-law 2019-94
Page 10
SCHEDULE "A"
TO BY-LAW NUMBER 2019-94
REFUNDS
Status of Permit Application
Percentage of Fee Eligible
for Refund
1.
Application filed.
75% maximum
No processing of review of plans submitted.
2. Application filed.
50% maximum
Plans reviewed and permit issued/Denied
NOTE:
1.
No refunds after any building inspections are carried out.
2.
No refund shall result in the retention by the Town of Huntsville
of an amount less than $50.00.
3.
No refund will be given when application for refund is not made
within twelve (12) months of issuance of permits.
4.
No refund of the "costs" portion of any permit will be made.
5.
If a permit is "denied" due to insufficient drawings/design, the
permit may be re-instated by providing sufficient plans and the
non-refundable portion of the permit fee (Minimum $150.00)
provided no portion of the fees has been refunded.
Building By-law 2019-94
Page 11
SCHEDULE "B"
TO BY-LAW NUMBER 2019-94
LIST OF PLANS OR WORKING DRAWINGS
TO ACCOMPANY APPLICATIONS FOR PERMITS
1.
The Site Plan
2.
Floor Plans
3.
Foundation Plans
4.
Framing Plans
5.
Roof Plans
6.
Sections and Details
7.
Building Elevations
8.
Electrical Drawings
9.
Heating, Ventilation and Air Conditioning Drawings
10.
Plumbing Drawings
11.
Sewage System
12.
Wood Burning appliance specifications
NOTE:
The Chief Building Official may specify that not all the above
mentioned plans are required to accompany an application for
permit.