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THE CORPORATION OF THE CITY OF MISSISSAUGA
BUILDING BY-LAW 0236-2024
WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, c. 23, as amended,
authorizes Council to pass by-laws with respect to (but not limited to) prescribing classes of
permits under the Act, providing for applications for permits, requiring applications to be
accompanied by such plans, specifications, documents and other information as is prescribed
and requiring the payment of fees on applications (the "Building By-law");
AND WHEREAS the Council of the City of Mississauga desires to repeal By-law 0203-
2019, as amended and enact a new Building By-law;
NOW THEREFORE the Council of The Corporation of the City of Mississauga ENACTS
as follows:
DEFINITIONS
1.
For the purposes of this By-law, the following definitions and interpretations shall
govern:
(1)
"Act" means the Building Code Act, 1992, S.O. 1992, c. 23 as amended (or its
successor);
(2)
"applicant" means the owner of a building or property who applies for a permit to
construct or demolish or the person authorized by the owner to apply for a permit
to construct or demolish 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;
(3)
"application" means a submission of plans, documents, prescribed forms and
fees as described in this by-law for the purpose of permit issuance; or for building
code compliance review for a certified model and as required by the Chief
Building Official;
(4)
"architect" means a holder of a licence, a certificate of practice, or a temporary
licence under the Architects Act, R.S.O. 1990, c. A.26;
(5)
"building" means a building as defined in subsection 1(1) of the Act;
(6)
"Building Code" means the "National Building Code of Canada 2020", as
amended by the document entitled "Ontario Amendments to the National Building
Code of Canada 2020", dated April 5, 2024 (O. Reg. 163/24) or its successor;
(7)
"By-law" means this by-law to enact a new Building By-law;
(8)
"certified model" means plans that have been reviewed for Building Code
compliance, and authorized by the Chief Building Official for use in support of a
building permit application;
(9)
"change of use permit" means a permit issued under Section 10 of the Act;
(10)
"Chief Building Official" means the Chief Building Official appointed by Council
under subsection 3(2) of the Act;
(11)
"City" means The Corporation of the City of Mississauga;
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(12)
"conditional permit" means a permit issued under subsection 8(3) of the Act;
(13)
"construct" means to construct a building as defined in subsection 1(1) of the Act;
(14)
"Council" means the Council of The Corporation of the City of Mississauga;
(15)
"demolish" means to do anything in the removal of a building or any material part
thereof as defined in subsection 1(1) of the Act;
(16)
"ePlans" refers to the digital building application submission system whereby all
permit applications are submitted, reviewed and issued;
(17)
"Fire Chief" means the Fire Chief appointed by Council under subsection 6(1) of
the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4;
(18)
"forms" means the applicable Provincial or municipal prescribed forms as set out
by Regulation or this By-law;
(19)
"house" means a detached dwelling, semi-detached dwelling, townhouse or
duplex containing not more than two (2) dwelling units;
(20)
"inactive" means an application that has had at least one (1) review cycle
completed by the City and has not received any response from the applicant for a
period of time set out in the By-law;
(21)
"owner" includes, in respect of the property on which the construction or
demolition will take place, the registered owner, a lessee and a mortgagee in
possession;
(22)
"permit" means permission or authorization given in writing by the Chief Building
Official to perform work regulated by this By-law and the Act, to change the use
of a building or part thereof, or to occupy a building or part thereof, as regulated
by the Act and Building Code;
(23)
"permit holder" means the owner to whom a permit has been issued or, where a
permit has been transferred, the new owner to whom the permit has been
transferred;
(24)
"plans and specifications" means documentation in support of a permit
application whose requirements are further described in this By-law and any
other information as required by Division C, Part 1, Sentence 1.3.1.3.(5) of the
Building Code;
(25)
"pre-screening" means the review which precedes the acceptance of an
application request to determine if it meets the requirements of this By-law or
other requirements necessary to determine compliance with Division C, Part 1,
Subsection 1.3.1. of the Building Code;
(26)
"professional engineer" means a person who holds a licence or a temporary
licence under the Professional Engineers Act, R.S.O. 1990, c. P.28; and
(27)
"work" means construction, demolition or both, of a building or part thereof, as
the case may be.
2.
Terms not defined in this By-law shall have the meaning ascribed to them in the Act or
the Building Code.
CLASSES OF PERMIT
3.
Classes of permits with respect to the construction, demolition, change of use and
occupancy of buildings and permit fees shall be as set out in Schedule "A" and
Schedule "B" to this By-law.
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PERMIT APPLICATION
General
4.
(1)
To obtain a permit, the applicant shall file with the Chief Building Official an
application containing the information required in this By-law and in the
prescribed forms.
(2)
An application shall, unless otherwise determined by the Chief Building Official,
be submitted using ePlans. Applications for a permit shall not constitute an
acceptance of the application by the Chief Building Official until a pre-screening
has been completed and the application is deemed to be acceptable as
determined by the Chief Building Official.
(3)
An owner may cancel an application at any time by providing written notice to the
Chief Building Official. An authorized agent may cancel an application with the
written authorization from the owner.
(4)
The Chief Building Official may refuse to accept an application for a permit if any
of the requirements for the application set out in this By-law, the Act or the
Building Code are deemed to be incomplete or insufficient at the time of
application request.
(5)
Where an application for a permit remains inactive for six (6) months, the
application may be deemed by the Chief Building Official to have been
abandoned and notice of cancellation may be given to the applicant and the
owner upon which the Chief Building Official will proceed to cancel the
application.
Permit to Construct
5.
All applications for a permit to construct a building shall be made using the provincial
application form, "Application for a Permit to Construct or Demolish" and in addition to
meeting all other application requirements set out in this By-law shall:
(1)
identify and describe in detail the work, use and occupancy to be covered by the
permit for which the application is made;
(2)
identify and describe in detail the existing uses and the proposed use(s) for
which the premises are intended;
(3)
include the legal description, the municipal address and where appropriate the
unit number of the building on which the work is to be done;
(4)
be accompanied by the forms, plans and specifications as described in Schedule
"C" and Sections 32 to 37 of this By-law and as required by the Act;
(5)
be accompanied by the required fees as calculated in accordance with
Schedules "A" and "B" to this By-law;
(6)
state the name, address and telephone number and available e-mail of the
owner, and where the owner is not the applicant, the name, address and
telephone number and available e-mail of the authorized agent, and where
applicable, the qualified architect, engineer or other designer and the constructor
or person hired to carry out the construction or demolition, as the case may be;
(7)
include, where applicable, the applicant's registration number where an applicant
is a builder or vendor as defined in the Ontario New Home Warranties Plan Act,
R.S.O. 1990, c. O.31, or its successor;
(8)
be signed by the owner or authorized agent who shall certify as to the truth of the
contents of the application.
General Review
6.
In addition to the requirements of Sections 4 and 5 of this By-law, where Division C, Part
1, Subsection 1.2.2 of the Building Code applies, an application for a permit to construct
or demolish a building shall:
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(1)
be accompanied by a signed acknowledgement of the owner on the prescribed
form 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; and
(2)
be accompanied by a signed statement of the architect or professional engineer,
or both, on the form prescribed, undertaking to provide general review of the
construction or demolition of the building.
Stages of Construction
7.
In addition to the general requirements set out above, an application for a permit to
construct part of a building shall include plans and specifications, together with such
information pertaining to the remainder of the work as may be required by the Chief
Building Official.
Conditional Permit
8.
In addition to the requirements set out above in Sections 5, 6 and 7, an application for a
conditional permit shall:
(1)
be accompanied with the prescribed form "Conditional Building Permit Request
Form" as prescribed by the Chief Building Official in Schedule "C" to this By-law;
(2)
state the reasons why the applicant believes that unreasonable delays in
construction would occur if a conditional permit is not granted;
(3)
require the owner and such other persons as the Chief Building Official
determines to enter into an agreement with the City; and
(4)
be accompanied with payment of securities as deemed necessary by the Chief
Building Official to restore the site to its original state in the event that final
approvals are not obtained.
Permit to Demolish
9.
In addition to the requirements set out in Sections 4, 5 and 6 of this By-law, every permit
application that includes demolition, shall:
(1)
when Division C, Section 1.2. of the Building Code applies, be accompanied by
structural design characteristics of the building and the method and time
schedule of demolition;
(2)
be accompanied by a completed "Commitment to General Reviews by Architect
and Engineers" form as prescribed by the Chief Building Official in Schedule "C"
to this By-law;
(3)
indicate the method of demolition;
(4)
where the application includes the use of explosives during the course of
demolition, be accompanied by a signed declaration that the applicant shall
comply with all applicable law respecting the transportation, storage, handling
and use of explosives, including, but not limited to, the Explosives Act, R.S.C.
1985, c. E-17, the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, and
the Fire Code (O. Reg. 213/07); and
(5)
where the application includes the use of explosives during the course of
demolition, be accompanied by, at the sole discretion of the Chief Building
Official, an undertaking, proof of liability insurance, and a security, in a form
satisfactory to the Chief Building Official.
Change of Use Permit
10.
In addition to the general requirements set out in this By-law, an application for a change
of use permit as outlined in subsection 10(1) of the Building Code Act shall:
(1)
describe the building in which the use is to be changed, by a description that will
readily identify and locate the building;
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(2)
identify and describe in detail the current and proposed uses and major
occupancy of the building or part of a building for which the application is made;
and
(3)
include plans and specifications showing the current and proposed use of all
parts of the building, and which contain sufficient information to establish
compliance with the requirements of the Building Code.
Occupancy Permit - General
11.
An application for a permit to occupy a building pursuant to Division C, Part 1,
subsection 1.3.3.1 of the Building Code shall use the application form in Schedule "C" to
this By-law, "Application for Permit to Occupy a Building Prior to Completion".
Occupancy Permit - Certain Buildings of Residential Occupancy
12.
An application for a permit to occupy a building of residential occupancy pursuant to
Division C, Part 1, Subsection 1.3.3.4 of the Building Code shall use the application form
in Schedule "C" to this By-law, "Application for Permit to Occupy a Building Prior to
Completion".
Occupancy Permit - Super Tall Buildings
13.
An application for a permit to occupy a building pursuant to Division C, Part 1, Article
1.3.3.7 of the Building Code shall be subject to an administrative fee as outlined in
Schedule "A" to this By-law and shall use the application form "Application for a Permit to
Occupancy - Super Tall Buildings" as prescribed by the Chief Building Official in
Schedule "C" to this By-law and the applicant shall declare their intent to occupy the
building, prior to completion, at the time of acceptance of the application.
Permits - Sewage Systems
14.
In addition to the general requirements set out in this By-law, an application for a permit
for an on-site sewage system shall:
(1)
use the provincial application form "Application for a Permit to Construct or
Demolish";
(2)
include complete plans and specifications, documents and other information as
required under Division C, Part 1, Sentence 1.3.1.3.(5) of the Building Code and
as described in this By-law for the work to be covered by the permit;
(3)
include 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; including the name, address, telephone
number and signature of the person who prepared the evaluation; and
include
(i)
depth to bedrock;
(ii)
depth to zones of soil saturation;
(iii)
soil properties, including soil permeability; and
(iv)
soil conditions, including potential for flooding; and
(b) a scaled map of the site showing:
(i)
the legal description, lot size, property dimensions, existing right
of-ways, easements or municipal/utility corridors;
(ii)
the location of items listed in Division B, Part 8, Column 1 of
Tables 8.2.1.6.A: 8.2.1.6.B; and 8.2.1.6.C. of the Building Code;
(iii)
the location of the proposed sewage system; and
(iv)
the location of any unsuitable, disturbed or compacted areas of
soil.
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PERMITS AND REVISIONS
15.
The scope of work for which a permit is issued can be for all or part of a building, as
determined by the Chief Building Official.
16.
After the issuance of a permit, notice of any material change to a plan, specification,
document or other information on the basis of which the permit was issued, shall be
given in writing, to the Chief Building Official together with the details of such change,
which is not to be made without the prior written authorization of the Chief Building
Official.
17.
Where a material change is substantial, the Chief Building Official may require the
applicant to submit an application for a revision to the permit in which case a revision
permit must be issued by the Chief Building Official before any work described in the
material change can be commenced.
18.
The Chief Building Official may, where the relevant provisions of this By-law and
subsections 8(3) to 8(5) of the Act are met, issue a conditional permit for a building
subject to compliance with the Act, the Building Code and any other applicable law.
19.
The issuance of a permit for a part of a building or a conditional permit shall not be
construed to authorize construction beyond that for which approval was given nor
obligate the Chief Building Official to grant any further permit or permits for the building.
20.
A permit to demolish shall not be issued until a demolition control permit is issued
pursuant to By-law 0045-2019 (Demolition Control By-law), or its successor by-law,
where applicable.
REVOCATION OF PERMITS
21.
Prior to revoking a permit under Section 8(10) of the Act, the Chief Building Official may
serve the permit holder written notice of the intention to revoke the permit.
22.
Notice provided under Section 21 of this By-law may be served either by personal
service, mailing the notice by standard mail or by email addressed to the permit holder,
to the last address the permit holder has communicated to the Chief Building Official in
writing; and where notice is served by mailing, the permit holder shall be conclusively
deemed for all purposes to have been served with the notice on the fifth (5th) business
day after the day of mailing.
23.
Where a document is served by email to the permit holder, it is deemed to have been
served on the business day following the sending of the email or delivery of the notice.
24.
If upon expiration of thirty (30) days from the date of service of the notice of the intention
to revoke a permit, the grounds for revocation continue to exist, the Chief Building
Official may revoke the permit without further notice to the permit holder.
25.
Upon revocation of a permit, the Chief Building Official has the sole discretion to dispose
of any plans or any other information submitted with the permit application, or to return
same to the permit holder.
DEFERRAL OF REVOCATION
26.
A permit holder may, within thirty (30) days from the date of service of the notice of
intention to revoke a permit, if provided, request the Chief Building Official in writing to
defer the revocation of the permit.
27.
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.
28.
The Chief Building Official may allow the deferral and shall notify the permit holder of the
decision.
29.
A request for deferral of revocation shall be accompanied by the required fee as set out
in Schedule "A" of this By-law.
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TRANSFER OF PERMIT
30.
Every person who acquires land on which construction or demolition is occurring in
respect of which a permit has been issued, shall apply to transfer the permit.
31.
Every application for a transfer of permit shall be submitted to the Chief Building Official
and shall:
(1)
use the provincial application form, "Application for a Permit to Construct or
Demolish";
(2)
include a copy of the deed, lease or rental agreement confirming that the person
is the owner of the property, as defined in this By-law;
(3)
include such information as may be determined by the Chief Building Official; and
(4)
be accompanied by the required fee as required in Schedule "A" to this By-law.
PLANS AND SPECIFICATIONS
32.
Every applicant shall submit sufficient information, including plans, specifications,
documents and other information, 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 with the Act, the Building Code and any other applicable law.
33.
Each application shall, unless otherwise determined by the Chief Building Official, be
accompanied by an electronic copy of plans and specifications required under this By-
law.
34.
Plans shall:
(1)
Include sufficient details and contain all information to enable the Chief Building
Official to determine whether the proposed construction, demolition or change of
use conforms to the Act, the Building Code, and any other applicable law;
(2)
Be of sufficient detail to construct in accordance with submitted plans and
specifications;
(3)
Be drawn to scale;
(4)
Be legible;
(5)
Be dated and marked as "issued for construction"; and
(6)
Shall contain the necessary designer information as required by the Act.
35.
Site plans submitted shall be referenced to a current plan of survey certified by a
registered Ontario Land Surveyor and a copy of such survey shall be filed with the City
unless this requirement is waived by the Chief Building Official because they are able,
without having a current plan of survey, to determine whether the proposed work is in
compliance with the Act, the Building Code, and any other applicable law. The site plan
shall show:
(1)
lot size and the dimensions of property lines and setbacks to any existing or
proposed buildings;
(2)
existing and finished ground levels or grades; and
(3)
existing right-of-way, easements and municipal services.
36.
The Chief Building Official shall determine any additional submission standards for
digitally submitted plans and specifications. This information can be found at
www.mississauga.ca
37.
On completion of the construction, the Chief Building Official may require that a set of
plans of the building or any class of buildings as constructed including a plan of survey
showing the location be filed with the Chief Building Official.
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ALTERNATIVE SOLUTIONS
38.
Where an application for a permit or for authorization to make a material change to the
plan, specification, document or other information on the basis of which a permit was
issued, contains an alternative solution for which approval in accordance with Division C,
Part 2, Section 2.1. is required, the application shall include documentation in
accordance with Division C, Part 2, Article 2.1.1.1.
Such information shall be accompanied with the prescribed forms "Alternative Solution
Authorization Form" and "Alternative Solution Application" as prescribed by the Chief
Building Official in Schedule "C" to this By-law.
PRESCRIBED NOTICES AND INSPECTIONS
39.
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, Subsection 1.3.5.1 of the Building Code and
as outlined in Schedule "D" to this By-law.
FIRE CHIEF ENFORCEMENT
40.
The Fire Prevention Staff shall be responsible for the review of plans and specifications,
and the field inspections to ensure compliance with the Building Code, on behalf of the
Chief Building Official, of the systems mutually agreed upon between the Chief Building
Official and the Fire Chief. For the purposes of compliance with the Building Code, the
Fire Prevention Staff shall report to the Chief Building Official.
REGISTERED CODE AGENCIES
41.
Where Council has authorized registered code agencies the Chief Building Official is
authorized to enter into service agreements with registered code agencies and appoint
them to perform specified functions from time to time pursuant to Section 4.1 of the Act.
42.
Where Council has authorized registered code agencies the fees established by this By-
law shall be calculated in accordance with Schedule "A" to this By-law.
FEES
43.
The Chief Building Official shall determine the required fees for the work proposed and,
unless otherwise directed by a Council resolution or By-law, the applicant shall pay the
fees calculated in accordance with Schedule "A" and Schedule "B" to this By-law. No
permit shall be issued until the required fees have been paid in full, unless otherwise
identified in this By-law.
44.
Unless otherwise stipulated in the by-law or by the Chief Building Official, all fees are to
be paid electronically via the ePlans online payment portal, electronic funds transfer or
other provided electronic payment method.
45.
Where fees payable in respect of an application for a construction or demolition permit
issued under Section 8 of the Act or a conditional permit issued under subsection 8(3) of
the Act are based on floor area. The floor area shall mean the total floor space of all
stories above and below grade, measured as the horizontal area between the outer face
of exterior walls and to the centre of party walls or demising walls.
46.
Where fees payable in respect of an application for a change of use permit issued under
Section 10 of the Act are based on floor area, the floor area shall mean the total floor
space of all stories subject to the change of use.
47.
For all applications made on or after January 1, 2025 the required fees shall be the fees
calculated in accordance with Schedules "A" and "B" to this By-law, as indexed to the
date of the acceptance of the application by the Chief Building Official.
48.
Except as set out in Section 49, the fees listed in Schedules "A" and "B" shall be
adjusted annually, on February 1, based on a rate equal to the annual non-union cost of
living wage adjustment for City employees, if any, for the year immediately preceding.
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49.
Where the annual report on fees, required by subsection 7(4) of the Act, for the calendar
year immediately preceding the rate increase has indicated that the fees collected have
exceeded the total operating costs of the Building Division of the City for three (3)
consecutive years; the indexing of fees set out in Section 48 of this By-law shall not be
applied.
50.
Any person who commences construction, demolition or changes the use of a building
before a permit has been issued, shall in addition to any penalty under the Act, Building
Code or this By-law pay an additional fee in accordance with Schedule "A" to this By-
law, in order to compensate the City for the additional work incurred as a result of the
commencement of the construction.
51.
Where construction or demolition has commenced prior to the issuance of a building
permit and an order to comply is subsequently issued, except where construction or
demolition is required for a fire damage repair, an additional forty percent (40%) of the
permit fee, calculated in accordance with Schedules "A" and "B", as applicable, to a
maximum of five thousand dollars ($5,000.00) shall apply and shall be payable upon
issuance of the building permit.
52.
An administration fee shall apply in accordance with Schedules "A" and "B", as
applicable, for costs associated with registering order on title and discharging an order to
comply. The fees shall be payable upon the issuance of the permit authorizing
construction or change of use.
REFUNDS
53.
In the case of withdrawal of an application or, abandonment of all or a portion of the
work or, the non-commencement of the work or, the refusal or revocation of a permit,
upon written request by the applicant, 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" to this By-law.
FENCING
54.
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
subsections 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 that hazard.
55.
The height of every fence shall be a minimum of 4 feet (1.2 meters) and a maximum of 6
feet (1.8 meters), to be measured from the highest adjacent grade and, shall be of a
description as determined by the Chief Building Official.
PENALTY
56.
Any person or corporation who contravenes any provision of this By-law is guilty of an
offence and on conviction, is liable to a penalty as set out in Section 36 of the Act.
MISCELLANEOUS
57.
All Schedules to this By-law form part of this By-law.
58.
A reference to the singular or the masculine shall be deemed to refer to the plural or
feminine as the context may require.
59.
Should any section, subsection, clause or provision in 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.
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SCHEDULES
60.
The following Schedules are attached to and form part of this By-law:
Schedule "A"
Permit Fees and Refunds
Schedule "B"
Classes of Permits and Fees
Schedule "C"
Forms
Schedule "D"
Prescribed Notices/Inspections
REPEAL
61.
Building By-law 0203-2019, as amended, is hereby repealed effective at the end of the
day on December 31, 2024.
SHORT TITLE
62.
This By-law shall be known and may be cited as the "Building By-law".
EFFECTIVE DATE
63.
This By-law comes into force at the beginning of the day after the day By-law 0203-2019
is repealed.
ENACTED and PASSED this 11th day of December, 2024.
Signed by Carolyn Parrish, Mayor and Diana Rusnov, City Clerk.