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CORPORATION OF THE
TOWNSHIP OF LANARK HIGHLANDS
BY-LAW NO. 2012-1167
Being a By-law to rescind By-law No. 2004-481
and adopt a new By-law governing building
in the Township of Lanark Highlands (Building By-law)
WHEREAS the Building Code Act S.O. 1992 confers broad authority on municipalities to enforce
the provisions of the said Act, including the enactment of By-laws governing procedures
respecting the issuance of building permits, inspection schedules, fees, etc.; and
WHEREAS Council adopted By-law No. 2004-481 on the 91" day of March, 2004; and
WHEREAS Council now deems it advisable and in the public interest to rescind By-law No. 2004-
481 and adopt a new Building By-law.
NOW THEREFORE the Corporation of the Township of Lanark Highlands enacts as follows:
1.
THAT no person shall construct or demolish or materially alter or cause to be constructed,
demolished or materially altered, a building in the Township of Lanark Highlands unless a
permit has been issued by the Chief Building Official of the municipality.
2.
THAT no permit shall be issued by the Chief Building Official unless an application has been
completed in the form prescribed in Schedule "C" and the applicable fee prescribed in
Schedule "A" paid.
3.
THAT By-law Nos. 2004-481 be and are hereby rescinded in their entirety.
4.
THAT Schedules "A" through "D" attached hereto shall form part of this By-law.
5.
THAT this By-law shall be known as the "Building By-law".
6.
THAT if any section, subsection, clause or provision of this By-law is for any reason declared
invalid by a court of competent jurisdiction, the validity of the remainder of the bylaw shall not
be effected and shall remain in full force and effect.
7.
THAT any person, who contravenes any provision of this bylaw, is guilty of an offence as
provided for in Section 36 of the Building Code Act.
8. THAT this By-law shall come into force and take effect on the 29
1
" day of March, 2012.
Read a FIRST, SECOND and THIRD TIME SHORT this 29th day of March, 2012.
2
SCHEDULE "A"
CLASSES OF PERMITS/PERMIT FEES
Living Areas - Single Detached Dwellings
&Additions
Living Areas Security Deposit
Non-Living Areas (garage, shed, deck, etc.)
Mobile and Modular Homes
Basements (finished or unfinished)
Renovations
Solid Fuel Burning Appliance
Demolition
Plumbing
Multi-Residential
Multi-Residential Security Deposit
Swimming Pools
Industrial/Commercial/Institutional (ICI)
ICI Security Deposit
Agricultural
Agricultural Security Deposit
Occupancy Permit
Revision to Building Permit
Permit Renewal
Permit Transfer
Change of Use Permit
$ 0.55/sq.ft (Min. $60)
$500 (Single Detached Dwellings)
$200 (Minor Additions)
$ 0.25/sq.ft. (Min $60)
$ 0.30/sq.ft (Min. $60)
$ 0.25/sq.ft.
1% of construction value
(Min. $60)
$65 flat fee
$60 flat fee
$50 flat fee
$0.60/sq.ft. to 2,000 sq. ft.
(Min. $60)
$0.30/sq.ft. over 2,000 sq.ft.
$1,000
$70 flat fee
$0.20/sq.ft (Max. $500)
$1,000
$60flat fee, + 25% of cost
(Max. $500)
$200
$60 per application
Same as building permit
(Min. $60)
$60 per application
$60 per application
$60 + 1 %/thousand over
$5,000 value
3
SCHEDULE "A" NOTES
GENERAL
1. Construction values are determined by the Chief Building Official at the time of
application. In the case of a dispute, an statement of costs, prepared by a qualified
auditor, must be presented after the project is completed. If the audit determines that
the permit fee was greater than it should have been based on actual costs, the fee
will be adjusted accordingly.
Eligible costs include, but are not limited to, labour,
material, engineering, overhead, and site preparation.
2. Demolition permit fees shall be waived in the event of an accidental fire.
3. Demolition permits are not required for buildings less than 10 sq. m.
4. All permit fees for municipally-owned buildings shall be waived.
REFUNDS
1. In case of abandonment of all or a portion of the work or of the non-commencement
of any project, the Chief Building Official shall determine the refund amount, if any,
that shall be returned to the permit holder, in accordance with the following formula:
a)
Eighty (80%) per cent if application is filed and not processed and/or no
review function has been performed;
b)
Seventy (70%) per cent if administrative and zoning functions have been
performed;
c)
Forty-five (45%) per cent if administrative, zoning and plan examination
functions have been performed;
d)
Thirty-five (35%) per cent if the permit has been issued and no field
inspection has been performed subsequent to permit issuance;
e)
Five (5%) per cent shall be deducted for each field inspection that has
been performed after the permit has been issued (e.g. a permit holder is
entitled to a 30% refund in the event that the permit has been issued and
one inspection completed, a 25% refund if two inspections have been
completed, etc.).
2. Despite the foregoing, no refund shall be made when the refund amount, as
calculated in accordance with the above formula, is determined to be $100.00 or less.
3. The fee for the transfer of a permit is non-refundable.
SECURITY FEES
1. Security fees, where required, shall be collected at the time a permit is issued and
retained by the municipality as a guarantee that the required inspections will be
requested by the permit holder. Subsequent to the completion of the project, the
security fee will be returned to the permit holder. In the event that the permit holder
abandons the project or completes the project in the absence of any required
inspections, the security deposit shall be forfeited to the municipality.
SURCHARGE
Where construction, demolition, or material alteration has occurred prior to the issuance
of the required permit, the applicant will have two (2) consecutive business days after
being notified by the Chief Building Official to obtain the required permit. Failure to do so,
4
shall result in a penalty surcharge of 100% of the normal permit fee for the type of
project, to a maximum amount of $500.00
SCHEDULE "B"
DEFINITIONS
1. ACCESSORY BUILDING - shall mean a building not used for human habitation
customarily incidental and subordinate to the principal use or building and located on
the same lot with such use or building.
2. ACCESSORY DWELLING - shall mean a dwelling attached to or located on a
commercial property and intended for the purpose of human habitation.
3. ACT- shall mean the Building Code Act, S.O. 1992, including amendments thereto.
4. ADDITION -shall mean a structure or part thereof which changes any one or more of
the external dimensions of a building.
5. AGRICULTURAL - shall mean a building which does not contain a residential
occupancy and which is associated with and located on land devoted to the practice
of farming and used essentially for the housing of equipment or livestock, or the
production, storage or processing of agricultural or horticultural produce or feeds and
processing of agricultural or horticultural produce or feeds and includes barns,
produce storage buildings, milking sheds, piggeries, poultry houses, grain bins, silos,
machinery sheds, farm workshops, feed preparation centres, manure storage,
greenhouses and garages not attached to the farm residence.
6. ALTER or ALTERATION- shall mean, with reference to a building or part thereof, to
change one or more of the external dimensions of the building or to change the type
of construction of the exterior walls or roof.
7. BUILDING - shall mean a "building" as defined in subsection 1(1) of the Building
Code Act, including a structure occupying an area greater than 10 square metres
consisting of a wall, roof and floor, or any one or more of them, a structural system
serving the function thereof, including all the works, fixtures and service systems
appurtenant thereto, and includes such other structures as are designated in the
regulations under the Building Code Act.
8. BUILDING CODE -shall mean the regulations made under section 34 of the Building
Code Act.
9. CHIEF BUILDING OFFICIAL- shall mean the Chief Building Official appointed by By-
law of the Corporation of the Township of Lanark Highlands for the purpose of the
enforcement of the Building Code Act.
10. CONSTRUCT- shall mean to do anything in the erection, installation or extension or
material alteration or repair of a building and includes the installation of a building unit
fabricated or moved from elsewhere. The term "Construction" has a corresponding
meaning.
11. CONTRACTOR - shall mean a person, corporation or proprietorship that is engaged
in construction for the purpose of financial gain.
12. CORPORATION- shall mean the Corporation of the Township of Lanark Highlands.
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13. DEMOLITION - shall mean the dismantling or disassembling of a building in part of or
in whole.
14. ERECT - shall mean build, construct, reconstruct, remove or relocate or any altering
of an existing building by an addition, extension or other structural change.
15. FISHING OR HUNTING CAMP- shall mean the premises or buildings to be used for
the purpose of sleeping or eating accommodations, on a temporary basis by
fishermen or hunters. This definition does not include a seasonal dwelling.
16. FIXTURE - shall mean 'fixture' as defined in section 1.1 of the Ontario Building Code.
17. GARAGE- shall mean an enclosed accessory building or portion of a main building
used for the parking or storage of non-commercial motor vehicles and household
equipment incidental to the residential occupancy.
18. MOBILE HOME or MODULAR HOME- shall mean any dwelling that is designed to
be made mobile, and constructed or manufactured in accordance with current GSA
standards and the provision of the Ontario Building Code to provide a residence for
one or more persons, but does not include a travel trailer, tent trailer or trailer
otherwise designed.
19. MUNICIPALITY shall mean the Corporation of the Township of Lanark Highlands.
20. MULTI-RESIDENTIAL - shall mean an apartment dwelling, duplex, semi-detached or
triplex dwelling.
21. OCCUPANCY- shall mean the use or habitation of a building.
22. OCCUPANCY PERMIT - shall mean a permit issued by the Chief Building Official,
advising that the building, structure or parts thereof meet all requirements of the Fire
Code, the Ontario Building Code and any other applicable regulations, policies or
Acts.
23. OWNER - shall mean a person or persons or Corporation who are registered as
holding title to a property.
24. PERMIT - shall mean a permission or authorization in writing from the Chief Building
Official to perform work, regulated by this By-law and the Building Code Act, and in
the case of an occupancy permit, to occupy any building or part thereof.
25. PLUMBING - shall mean 'plumbing' as defined in Subsection 1.1 of the Act.
26. PLUMBING SYSTEM- shall mean 'plumbing system' as defined in Section 1.1 of the
Building Code.
27. TEMPORARY BUILDING- shall mean a building or structure intended for removal or
demolition within a prescribed time as set out in a building permit.
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28. UNSAFE -when used in respect of a building means:
a)
structurally inadequate or faulty for the purposes for which it is used, or
b)
in a condition that could be hazardous to persons in normal use of the
building.
29. WORK- shall mean to do anything in the construction or demolition or change of use
of plumbing works for a building, which is regulated by the Building Code Act. The
term "project", has a similar meaning.
30. ZONING BYLAW- shall mean the Comprehensive Zoning By-law of the Corporation
of the Township of Lanark Highlands.
SCHEDULE "C"
BUILDING PERMITS
1.
BUILDING OFFICIAL
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a)
The Chief Building Official, appointed by the Corporation of the Township of
Lanark Highlands, shall enforce the provisions of the 'Building By-law' and the
Ontario Building Code with all powers of enforcement provided by this By-law and
the Ontario Building Code.
b)
When the Chief Building Official finds that any provision of this By-law or the
Ontario Building Code is being contravened he or she may issue in writing an
order to the permit holder, directing compliance with the By-law or the Ontario
Building Code.
c)
Where the Chief Building Official finds that a building is unsafe or that the methods
of construction are unsafe he or she may order that the building be demolished or
the construction practice be discontinued.
d)
Where the Chief Building Official or any other regulating agency requires any
building material, soil, water, site condition or architectural/engineering plan to be
tested or reviewed, the cost thereof shall be borne exclusively by the applicant or
permit holder.
e)
Where the Chief Building Official finds that a building has been constructed without
a permit or in a manner inconsistent with plans, specifications, site plans or surveys,
he or she may order the demolition of such building at the expense of the owner.
2.
GENERAL
a)
The Chief Building Official shall issue a building permit except where:
i)
the proposed building, construction, or demolition does not comply with the
Ontario Building Code and its regulations, the Official Plan or Zoning By-law of the
Township of Lanark Highlands, or any other applicable law;
ii)
the application is deemed incomplete by the Chief Building Official or any fees
due are unpaid;
iii)
any required tests, releases, approvals or confirmations, either from governmental
agencies or private firms, have not been delivered to the Chief Building Official.
b)
No permit shall be issued to any person who is not an owner of the land on which
the building is proposed to be built and every person who makes application for a
building permit shall be the owner or agent of the land on which the building in
respect of which the application for a permit is made and is proposed to be built.
c)
No person shall make a material change or cause a material change to be made
to a plan, specification, document or other information on the basis of which a
8
permit was issued without notifying the Chief Building Official and filing details of
such changes with him or her for the purpose of obtaining authorization.
d)
The Chief Building Official may revoke a permit:
i)
where it was issued on mistaken or false information;
ii)
where the construction or demolition of the building, in the opinion of the Chief
Building Official, has not commenced within six (6) calendar months of obtaining
the permit;
iii)
where the construction or demolition of the building is, in the opinion of the Chief
Building Official, substantially suspended or discontinued for a period of more
than one (1) year.
3.
PERMIT APPLICATIONS
a)
Every building permit application shall be submitted to the Chief Building Official
and shall contain the information set out in subsections b), c) or d) hereof.
b)
Where application is made for a building permit under section 8(1) of the Act, the
application shall:
i)
identify and describe in detail the work and occupancy to be covered by the permit
for which the application is made;
ii)
provide a description of the building lot suitable to the Chief Building Official;
iii)
include complete plans and specifications as described in this By-law for the work
to be covered by the permit, and show the occupancy of all parts of the building;
iv)
state the valuation of the proposed work, including materials and labour, and be
accompanied by the required fee;
v)
state the names, addresses and telephone numbers of the owner and any
authorized agent, architect, engineer, designer, or building contractor;
vi)
be accompanied, where applicable, by a written acknowledgement of the owner
that the owner has retained an architect or professional engineer or both to carry
out the field review of the construction where required by the Building Code;
vii)
be signed by the owner or authorized agent who shall certify the truth of the
contents of the application;
viii)
where the work includes plumbing, the application shall also identify and describe
in detail the plumbing work to be covered by the permit for which the application is
made, including plans showing the location and size of every building drain and
every trap or inspection piece and a sectional drawing depicting the size and
location of every soil or waste pipe, trap and vent pipe, and where the installation
contains more than five fixtures, a declaration stating the names, addresses and
telephone numbers of the plumber or contractor.
c)
Where application is made for a demolition permit under section 8(1) of the Act,
the application shall:
i)
contain the information required in Subsections b) i) and ii) above;
ii)
be accompanied by satisfactory proof that arrangements have been made with
the proper authorities to disconnect all water, sewer, gas, electric, telephone or
other utilities and services;
iii)
be accompanied by a completed 'Demolition Compliance Form'.
d)
Where application is made for a conditional permit under section 8(3) of the Act,
the application shall:
i)
contain the information required in Subsections b) i) and ii) above
ii)
contain such other information as required by the Chief Building Official;
iii)
state the nature of the necessary approvals that must be obtained and the
associated time frames in respect of the proposed building;
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iv)
state the anticipated time when plans and specifications for the complete building
will be filed with the Chief Building Official.
e)
Where an application is made for a change of use permit under section 10 of the
Act, the application shall:
i)
provide a detailed description of the nature of the proposed changes to the
building, including a description of the building location;
ii)
identify and describe in detail the current and. proposed occupancies of the
building or part of a building for which the application is made;
iii)
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, wall
details, ceiling and roof assemblies identifying required fire resistance ratings, and
load bearing capacities;
iv)
be accompanied by the required fee;
v)
state the name, address and telephone number of the owner and authorized
agent;
vi)
be signed by the owner or authorized agent who shall certify the truth of the
contents of the application.
4.
PLANS AND SPECIFICATIONS
a)
Sufficient information shall be submitted with each permit application to enable the
Chief Building Official to determine whether the proposed work is in conformity
with the Building Code Act and the Building Code, including a determination of
any impacts on adjacent properties.
b)
Each application shall be accompanied by two (2) complete sets of plans and
specifications as well as a detailed site plan(s).
c)
Plans shall:
i)
be drawn to scale upon paper or other substantial material;
ii)
be legible and durable;
iii)
indicate the nature and extent of the work or proposed occupancy in sufficient
detail to establish that the completed work will conform to the Building Code Act,
the Building Code and any other applicable law.
d)
Site plans shall be referenced to an up-to-date survey when available and, when
required to demonstrate compliance with the Building Code Act, the Building
Code, or other applicable law, a copy of the survey shall be submitted to the Chief
Building Official.
e)
Site plans shall show:
i)
lot size and the dimensions of property lines and setbacks to any existing or
proposed buildings;
ii)
the similarly dimensioned location of every other adjacent existing building on the
property;
iii)
existing and finished ground levels or grades to an established datum at or
adjacent to the site;
10
iv)
all existing rights-of-way, easements and municipal services.
f)
In lieu of separate specifications, the Chief Building Official may allow the
essential information be to shown on the plans, but in no case shall such terms as
'in accordance with the Building Code Act', 'legal' or similar terms be used as
substitutes for specific information.
5.
PARTIAL PERMITS
a)
In order to expedite work, approval of a portion of the building or project prior to
the issuance of a permit for the complete building or project may be granted by
the Chief Building Official. An application shall be made and the applicable fee
paid for the portion of the work for which immediate approval is desired and
complete plans and specifications covering the portion of work for which
immediate approval is desired shall be filed with the Chief Building Official.
b)
Where a permit is issued for part of a building or project the holder of such permit
may proceed but the issuance of a partial building permit shall not be constructed
to authorize construction beyond the plans for which the approval was given or
guarantee that approval will necessarily be granted for the entire building or
project.
6.
REVISION TO PERMIT
a)
After the issuance of a permit under the Building Code Act, where a person is
desirous of making a material change or causing a material change to be made to
a plan, specification, document, or other information on the basis of which a
permit was issued and notifies the Chief Building Official accordingly under
section 8(12) of the Act, an application may be made for a revision to the permit
and such application shall be made in the same manner as for the original permit.
7.
EQUIVALENTS
a)
Where an application for authorization to make a material change to a plan,
specification, document or other information forming the basis upon which a
permit was issued contains an equivalent material, system or building design for
which authorization under Section 9 of the Building Code Act is requested, the
following information shall be provided to the Chief Building Official:
i)
a description of the proposed material, system or building design for which
authorization under Section 9 of the Act is requested;
ii)
any applicable provisions of the Building Code;
iii)
evidence that the proposed material, system or building design will provide the
level of performance required by the Building Code.
b)
The permit shall indicate whether the Chief Building Official has allowed the use of
the proposed material, system or building design and if allowed the reasons why
the Chief Building Official was of the opinion that the material, system or building
design will provide the level of performance required by the Building Code.
11
8.
RESTRICTED PERMIT FOR A TEMPORARY BUILDING
a)
A restricted permit for a temporary building may be issued by the Chief Building
Official authorizing, for a limited time only, the erection and existence of a building
or part thereof.
b)
A permit for a temporary building may be extended, provided permission in writing
is granted by the Chief Building Official.
9.
RENEWAL OF PERMIT
a)
The Chief Building Official may issue a renewal of permit:
i)
where, after six (6) months after its issuance, the construction or demolition in
respect of which it was issued has not, in his or her opinion, been seriously
commenced; or
ii)
where the construction or demolition or the building is, in his or her opinion,
substantially suspended or discontinued for a period of more then one (1) year
provided the required fee is paid for such renewal and the plans and
specifications are made to comply with all the requirements of the Building Code
Act in effect at the time a renewal.
10.
TRANSFER OF PERMIT
a)
It is a condition of the issuance of any permit that the permit shall not be
transferred without the approval of the Chief Building Official and the payment of
the required fee.
b)
The new owner shall apply for a transfer of the permit and such application shall
confirm the continuation of the project under the original plans and specifications,
or, alternatively, provide the particulars of any change in the arrangements for
general review of the construction in accordance with Section 2.3, Design and
General Review, of the Building Code Regulations.
11.
TIME FOR NOTICE OF INSPECTION OR TESTING
a)
The owner or authorized agent shall notify the Chief Building Official at least forty-
eight (48) hours prior to each stage of construction for which notice in advance is
required under the Building Code unless otherwise approved by the Chief Building
Official.
b)
The owner or authorized agent shall:
i)
notify the Chief Building Official at least forty-eight (48) hours prior to the stage
when plumbing work is ready to be inspected and tested; and
ii)
furnisn any equipment, material, power or labour that is necessary for inspection
and testing purposes.
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'AS CONSTRUCTED' PLANS
a)
The Chief Building Official may require a that full set of 'As Constructed' building
plans for any class of building be filed upon the completion of construction.
SCHEDULE "D"
DEMOLITION COMPLIANCE FORM
12
This form must be filed with the Township Office within five (5) working days of the
receipt of a demolition permit and prior to any debris or waste material being
deposited at any of the municipal waste sites.
Owner: ______________________________________________________ __
Address:-------------------------------------------------
Telephone: ______________________________________________ __
Lot. ___ _
Concession, _________ __ Township: _______________ __
Type of Building:
Residence
o
Cottage
0
Shed
0
Barn
0
Size of Building:
Width, ____ __
Length, _____ _
Height, ____ _
Proposed Disposal Location: -------------------------------------
If the proposed disposal location is a MUNICIPAL WASTE SITE, please complete
the following: (check off all applicable construction material be disposed)
Concrete o
Plaster
0
Plywood
0
Drywall o
Tile o
Asphalt Roofing o
Roll roofing
0
Steel Roofing
0
Wood Shingles
0
Tin Roofing
0
Eavestrough o
Doors o
Soffit/Facia
0
Windows
0
Glass
0
Screen so
Brick
0
Brick Veneer o
Wood Frameo
lnsul Brick
0
Blocks
0
Aluminium Siding
0
Vinyl Siding
0
Stucco
0
Siding
0
Peddledash Siding
0
Asbestos Siding
0
Other materials to be removed:
Copper piping
o
Electrical Line
o
Brass Goods o
Lead Pipe
o
Galvanized Pipe
o
Plastic pipe o
Water Closet
o
Basin
o
Bath Tub
o
Shower Stall
o
Kitchen Sink o
Laundry Tub o
Floor Tiles
o
Hot Water Tank
o
Carpeting
o
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Pressure Pump o
Other
0
Brief description of Work:-----------------------
Demolition Permit Number: ----------------------
I, the undersigned, am the authorized owner or agent of the owner named above
and certify the truth of all statements or representations contained herein.
I, the undersigned, understand and agree to pay all applicable "TIPPING FEES"
when depositing the material described above in any Township waste site, and
further agree to comply with all requirements and instructions given by the
Township Waste Site Attendant.
DATE: ___________ __ SIGNATURE: ________________________ _