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CONSOLIDATED
THE CORPORATION OF THE MUNICIPALITY OF MISSISSIPPI MILLS
BY-LAW 24-027, as amended by Bylaw 25-014
BEING A BY-LAW TO REGULATE THE CONSTRUCTION, DEMOLITION AND
CHANGE OF USE OF BUILDINGS AND DESIGNATED STRUCTURES WITHIN THE
MUNICIPALITY OF MISSISSIPPI MILLS.
WHEREAS Section 7 of the Building Code Act, 1992 (S.O. 1992, C.23), as amended,
authorizes a Municipal Council to pass a By-Law with classes of permits with respect to
construction, demolition, change of use, inspections, fees, and other matters;
AND WHEREAS Subsection 1.1(6) of the Building Code Act, 1992 (S.O. 1992, C.23),
as amended, authorizes a Chief Building Official to establish operational policies for the
enforcement of this Act and the Building Code;
AND WHEREAS Subsection 23.1(1) of the Municipal Act, 2001 (S.O. 2001, C.25), as
amended, authorizes a Municipality to delegate its powers and duties to a person or
body;
AND WHEREAS Section 391 of the Municipal Act, 2001, S. O. 2001, c. 25, as
amended, authorizes a municipality by by-law to impose fees or charges on
persons for services or activities provided or done by or on behalf of the
municipality and for the use of the municipality's property; Bylaw 25-014
NOW THEREFORE, the Council of the Corporation of the Municipality of Mississippi
Mills enacts as follows:
1.
SHORT TITLE
1.1. This By-Law may be cited as and referred to as the "Building By-Law".
2.
DEFINITIONS
2.1. In this By-Law, words and terms shall be assigned the following definitions
listed in this section. Words and terms not defined within this By-Law shall
have the meaning defined in the Act or the Code. Words and terms defined in
this By-law that are not defined in the Act or the Code but used in the Act or
the Code shall have the meaning as defined in this By-law. Words or terms not
defined in the Act, the Code, or this By-law, shall have the meaning defined by
the Oxford Dictionary, considering the context in which they are used in this
By-Law.
2.1.1. "Act" means the Building Code Act, 1992, (S.O. 1992, C.23), as
amended.
2.1.2. "Applicable Law" means an applicable law listed in Division A,
Article 1.4.1.3. of the Code.
2.1.3. "Applicant" means the Owner, or the person authorized by the
Owner, who submits an application to the Chief Building Official.
2.1.4. "Application" means an application for a permit made to the Chief
Building Official under Sections 8 or 10 of the Act.
2.1.5. "Architect" means the holder of a license, certificate of practice, or a
temporary license issued under the Architects Act, (R.S.O. 1990, c.
A.26).
2.1.6. "As Constructed Plans" means plans and drawings and other
documents detailing how a building has been constructed.
2.1.7. "Builder" means any person who undertakes a project for an owner
and includes an owner who undertakes all or part of a project by
himself or by more than one employer and shall be held to the role of
the Builder in the Act.
2.1.8. "Building Staff" means any person employed by the Municipality
and working within the Building Department, including but not limited
to a Building Clerk, a Building Inspector, a Deputy Chief Building
Official/Plans Examiner, and the Chief Building Official.
2.1.9. "Business Day" means a day, and hours of the day, when the
offices of the Municipality are open for the transaction of business
with the public, and shall not include weekends, holidays, or other
days as determined by the Municipality.
2.1.10. "Change of Use Permit" means a permit issued in accordance with
Section 10 of the Act where no construction is proposed.
2.1.11. "Chief Building Official" means the person appointed by the
Municipality under Subsection 3(2) of the Act.
2.1.12. "Code" means the in-effect version of the Ontario Building Code
Regulation made under the Act, including all applicable amendments.
2.1.13. "Conditional Permit" means a permit issued under an agreement in
accordance with Subsection 8(3) of the Act.
2.1.14. "Digital Signature" means cryptographically protected information
in which the veracity of the certificate details is certified by a
recognized digital signature certificate authority.
2.1.15. "E-Permitting System" means a software system for the electronic
management of permit applications, issuance of permits, and building
permit documents that has been implemented and deemed in use by
the Chief Building Official.
2.1.16. "Engineer" means a person who holds a license or temporary
license under the Professional Engineers Act, (R.S.O. 1990, c. P.28).
2.1.17. "Fees and Charges By-Law" means the current in effect fees and
charges by-law passed by the Council of the Municipality prescribing
the amount of fees under Clauses 7(c), 7(c.1), and 7(d) of the Act.
2.1.18. "House" means a detached house, semi-detached house, or
rowhouse, that contains not more than three dwelling units, where
the dwelling units may share means of egress, common rooms and
areas, and service rooms; contains only residential occupancies, or
home-based business; does not exceed three storeys in building
height; is vertically separated by a party wall from an adjacent house;
and does not share any interior spaces with another house. Bylaw
25-014
2.1.19. "Minister" means the Minister of Municipal Affairs and Housing.
2.1.20. "Modular Homes" means homes to which Article 9.1.1.9. of Division
B of the Code applies.
2.1.21. "Municipality" means the Corporation of the Municipality of
Mississippi Mills.
2.1.22. "Occupancy Permit" means permission or authorization from the
Chief Building Official issued in accordance with Section 11 of the
Act and Division C of the Code authorizing occupancy of a building or
part of it.
2.1.23. "OLMCBO Construction Value guide" means the most recent
version of the Ontario Large Municipalities Chief Building Officials
Private Sector Price Construction Value guide or a successor of that
document.
2.1.24. "Owner" means, in respect of the property in which the construction
or demolition will take place, the registered owner of the property, or
a lessee or mortgagee who is in possession of the property.
2.1.25. "OLS" means a professional member of the Association of Ontario
Land Surveyors.
2.1.26. "Permit" means permission or authorization from the Chief Building
Official issued in accordance with Section 8 of the Act to perform any
work or action regulated by the Act and the Code, including all
supporting documents & drawings, and "Building Permit" shall have
the same meaning.
2.1.27. "Project Value" means the value of all materials, design work and
labour, at reasonable industry rates, regardless of whether or not the
items were actually paid for.
2.1.28. "Property" means a parcel of land within the Municipality capable of
being conveyed in accordance with applicable land conveyancing
laws.
2.1.29. "Seriously Commenced" means where the proposed construction
involves the construction of a foundation, the footings shall be
constructed. Where the proposed construction does not include a
foundation, the first inspection relative to the project scope of work
has been deemed complete or substantially complete. Bylaw 25-014
2.1.30. "Substantially Discontinued" means the construction has been
discontinued such that more than one year has elapsed since the last
inspection has been deemed complete or substantially complete.
2.1.31. "Substantially Suspended" means the construction has been
suspended such that more than one year has elapsed since the last
inspection has been deemed complete or substantially complete.
2.1.32. "Zoning By-law" means the in-effect version of the Zoning By-law of
the Municipality and any amendments thereto.
3.
PERMIT APPLICATIONS
3.1. Classes of Permits
3.1.1.
Permits shall be classified as either a Building Permit, Demolition
Permit, or combination of them, Conditional Permit, Occupancy
Permit, or a Change of Use Permit.
3.1.2.
Building Permits for signs shall be limited to signs that are classified
as designated structures per Division A. of the Code and constructed
on a permanent foundation. All other signs shall be regulated per the
in-effect version of the Municipality's sign by-law.
3.2. Methods for Submitting an Application
3.2.1. Permit applications, and the associated documents and forms, shall
be submitted to the Chief Building Official by one or more of the
following methods:
3.2.1.1.
Digital submission by upload to an E-Permitting System if
such system is implemented by the Chief Building Official.
3.2.1.2.
Digital submission by e-mail to the Building Clerk at
building@mississippimills.ca.
3.2.1.3.
Digital submission by uploading to a secure and
recognized online file sharing system or website, with
access granted to Building Staff with prior approval by the
Chief Building Official.
3.2.1.4.
Subject to Subsection 3.2.3. of this By-Law, hard copy
submission hand delivered or mailed to the attention of the
Building Clerk at 14 Bridge Street, Mississippi Mills ON,
K0A 1A0.
3.2.2. The Chief Building Official may refuse a digital submission if, after
consultation with the Director of Corporate Services, the digital safety
and security of the Municipality may be compromised by the
submission.
3.2.3. The Chief Building Official may require that hard copy applications be
accompanied by the same submission in digital format that meets the
standards for digital submission and digital documents as specified
by this By-Law.
3.3. Separate Permit Applications
3.3.1. Where parts of the construction or demolition proposed in an
application are to take place in separate phases, stages, different
portions of a building or time frames, the Chief Building Official may
require the Applicant to submit separate applications for each phase,
stage, portion of building or time frame of the proposed project.
3.3.2. Where the construction or demolition proposed in an application
contains multiple freehold units or multiple civic addresses for one
building, the Chief Building Official may require the Applicant to
submit separate applications for each freehold unit or civic address.
3.4. Documents and Forms Required for Permit Applications
3.4.1. Applications for all classes of permits shall be submitted with the
following minimum documents, as it relates to the proposed project:
3.4.1.1.
An "Application for a Permit to Construct or Demolish"
form, as prescribed by the Minister, or the same
information on that form entered into the E-Permitting
System;
3.4.1.2.
Where the Applicant is not the Owner, a "Letter of
Authorization" signed by the Owner authorizing the
Applicant to apply for and obtain a permit with respect to
their Property. The letter shall contain the Owner's name,
email address, and phone number, the Applicant's name,
the Property civic address, and the description of the
proposed project;
3.4.1.3.
Where the Owner is a corporation, proof of signing
authority that binds the corporation for the individual that is
completing the Application or "Letter of Authorization";
3.4.1.4.
A "Schedule 1: Designer Information" form, as prescribed
by the Minister, for each individual who reviews and takes
responsibility for design activities, unless the individual is
an Engineer or Architect;
3.4.1.5.
Where the project is of a type that requires general review
in accordance with Division C, Subsection 1.2.2. of the
Code, a "Commitment to General Review" form, as
prescribed by the Ontario Association of Architects and
the Professional Engineers of Ontario, for each Architect
and Engineer who is to be retained to undertake the
general review;
3.4.1.6.
Plans, including but not limited to plan views, cross-
sections, elevations, enlarged details, and schedules,
containing sufficient notes, dimensions, details, and other
relevant information as necessary to describe and
illustrate the proposed project, and to demonstrate
compliance with the Act and the Code, to the satisfaction
of the Chief Building Official;
3.4.1.7.
Where the proposed project will require evaluation of the
site plan specific requirements of the Code or an
Applicable Law, a site plan drawing containing sufficient
information as deemed relevant by the Chief Building
Official, including but not limited to the locations of existing
buildings and structures, proposed buildings and
structures, overhead electrical conductors, registered
property lines and easements, property line setbacks,
bodies of water, sewage system beds and tanks, wells,
driveways, fire access routes, fire hydrants, water and
sewer pipes below grade, and any other significant site
features;
3.4.1.8.
Site plans submitted shall be referenced to a current plan
of survey certified by a registered Ontario Land Surveyor
and a copy of such a survey shall be filed with and
retained by the Municipality. This requirement may be
waived by the Chief Building Official in a circumstance
where without a current plan of survey, the Chief Building
Official is able to determine that the proposed work
conforms to the Act, the Building Code, and any other
applicable law. Bylaw 25-014
3.4.1.9.
Notwithstanding 3.4.1.8, where the proposed project is on
a Property that is waterfront or has identifiable
environmental hazards, including but not limited to
wetlands, flood plain, erosion, or slope stability concerns,
the site plan shall be supported with the submission of a
surveyor's real property report completed by an OLS
identifying such hazards, including topographic elevations.
Bylaw 25-014
3.4.1.10. Plans for any proposed construction, alteration, and
demolition of a plumbing system, except that for Part 9
buildings not requiring general review, the Chief Building
Official may accept the license number of a qualified
plumber in lieu of plumbing system plans;
3.4.1.11. Plans for any proposed construction, alteration, and
demolition of a Heating Ventilation and Air Conditioning
(HVAC) system, except that for Part 9 buildings not
requiring general review, the Chief Building Official may
accept an HRAI license number of a qualified HVAC
contractor in lieu of HVAC system plans;
3.4.1.12. A building code matrix, providing all the information as
prescribed by a "Building Code Matrix" form from the
Ontario Association of Architects, for any project that is not
a house, a building ancillary to a house, or a basic
renovation under Division B, Article 11.3.3.1.;
3.4.1.13. Where the proposed project includes a renovation of a
building, that has been in existence for at least five years,
an evaluation of the requirements of Part 11 of the Code;
3.4.1.14. Where the design proposes using an alternative solution,
any documentation that the Chief Building Official deems
relevant in determining whether the proposed alternative
solution will achieve the same level of performance that
would be required by the applicable acceptable solution in
Division B of the Code, including but not limited to the
documentation listed in Division C, Section 2.1. of the
Code;
3.4.1.15. All documents shall include the civic number for the
property. Where a new civic number(s) is(are) required,
documentation from Public Works confirming the new civic
number(s) shall be provided and all documents associated
with the application shall reflect the new civic number(s).
Bylaw 25-014
3.4.1.16. Any document that demonstrates to the Chief Building
Official that the proposed project will comply with an
Applicable Law;
3.4.1.17. Any documents and forms that demonstrate to the Chief
Building Official compliance with Part 12 of the Code and
the standards referenced in that Part; and,
3.4.1.18. Notwithstanding the above, the Chief Building Official may
require any other plans, documents, or information, and
may prescribe any other form that they deem necessary in
determining whether the proposed project will comply with
the Act or the Code.
3.4.2. Notwithstanding Subsection 3.4.1. of this By-Law, a Change of Use
permit application shall be accompanied by as-constructed plans of
the existing building or the part of the building where Change of Use
is proposed, as well as an analysis of the requirements of Part 10 of
the Code.
3.4.3. Notwithstanding Subsection 3.4.1. of this By-Law, a Demolition
permit application shall be accompanied by an as-constructed site
plan of the property identifying the building or part of the building that
is proposed to be demolished, and the site plan shall include the
location of the registered property lines, the location of all buildings,
including buildings not being demolished, and shall indicate with
dimensions the location of the building(s) relative to the property
lines.
3.4.4. Where the scope of the project includes, or may include, disturbance
of any designated substance regulated by the Occupational Health
and Safety Act, R.S.O. 1990, C1, or amendments thereof, and
require Building Staff to be on-site prior to the completion of the
project, the Chief Building Official may require one of the following
documents to be provided prior to any site visits or inspections being
conducted. For clarity, this generally applies to any renovation or
demolition of buildings that existed prior to 1990: Bylaw 25-014
3.4.4.1. Prior to construction commencing, a designated substance
report from a suitably qualified agency confirming that
designated substances are not present, or
3.4.4.2. After construction commences, an air quality report from a
suitably qualified agency confirming that there are no
designated substances present that could pose a health or
safety risk to Building Staff.
3.4.5. Where the Applicant is requesting that the Chief Building Official
issue a Conditional Permit, the Applicant shall provide in writing all
the reasons, including how the construction would be unreasonably
delayed if the conditional permit were not granted, to the satisfaction
of the Chief Building Official, that they are requesting the Conditional
Permit.
3.4.6. Forms prescribed by this By-Law shall be made available to the
public by Building Staff, either in the Building Department office, on
the Municipality's website, or within the E-Permitting System.
3.4.7. All documents submitted to the Chief Building Official shall include on
the document a date, such as a date of issuance or date of revision.
3.4.8. A document submitted to the Chief Building Official shall only contain
the information that is relevant to the proposed construction or
demolition in the application, and any information that is not relevant
shall be clearly identified on the document as such or be removed
from the document prior to submission to the Chief Building Official.
3.4.9. Any document submitted to the Chief Building Official that is not
required by this By-Law to be submitted with an application, and that
has been deemed by the Chief Building Official as not relevant in the
review of the application, shall be deemed to not form part of the
application or the permit issuance.
3.4.10. A document or plan that specifies options or optional work shall
clearly identify which option is being proposed in the application.
3.4.11. A document or plan that forms part of the design of a building
submitted to the Chief Building Official shall, in the case of an
Architect or Engineer who takes responsibility for the design, be
stamped with the seal of the Architect or Engineer and signed by that
person, and in the case of any other person required to be a
registered designer in accordance with Division C, Section 3.2. of the
Code, contain the information prescribed by Division C, Articles
3.2.4.7. and 3.2.5.6. of the Code and be signed by that person.
3.4.12. On completion of the construction of a building, or part of a building,
the Chief Building Official may require a set of As Constructed Plans,
including a plan of survey showing the location and confirming the
elevation of the building.
3.5. Document Standards and Formats
3.5.1. All wording, linework, details, notes, dimensions, and other
information contained on or within a document shall be legible and
clear.
3.5.2. All drawings shall be to scale.
3.5.3. All wording contained on or within a document shall be in English and
legible.
3.5.4. Digital documents shall be separated into individual files for each
document type, such as plans, application form, and Schedule 1, and
each file shall be named and labelled accordingly to describe its
contents.
3.5.5. Individual digital documents shall be provided in any combination of
.PDF, .JPG, .DOCX, or .XLSX file format, shall have a document size
not less than 8.5"x11" and not exceeding 36"x48", and any individual
electronic file size shall not exceed 100 megabytes.
3.5.6. Combined files in a .ZIP folder shall be in compliance with the
requirements of this By-Law.
3.5.7. The Chief Building Official may require digital documents to be
provided by an Applicant with optical character recognition (OCR)
and saved in a searchable format for Building Staff review.
3.5.8. Where a document is a scanned copy or photographed copy, the
document shall be formatted to be centered, aligned, and cropped to
only display relevant information.
3.5.9. Hard copy documents shall be provided on paper stock, shall have a
document size not less than 8.5"x11" and not exceeding 11"x17".
Any hard copy documents exceeding this size may be accepted only
where the documents are accompanied by a submission of the same
document in digital format that meets the standards for digital
documents specified by this By-Law.
3.5.10. Where a form, document, or plan is required by this By-Law to be
signed by a person, in the case of a digital document, the signature
shall be a digital signature, and in the case of a hard copy document,
the signature shall be the original wet ink signature.
4.
APPLICATION COMPLETENESS AND REVIEW
4.1. Payment of Fees
4.1.1. An application shall be accompanied by the full payment of permit
fees prescribed by the Fees and Charges By-Law, calculated on the
date the application is made except as otherwise permitted by
Subsection 4.1.8. Bylaw 25-014
4.1.2. Where the permit fee is based on the value of construction, the fee
shall be based on the higher of the "Project value est. $" from the
application form or the most applicable average value as reported in
the most recent version of the OLMCBO Construction Value guide.
4.1.3. The OLMCBO Construction Value guide shall be made available on
the municipal website.
4.1.4. Where a building contains multiple dwelling units, the fees shall be
based on a per-unit price.
4.1.5. Where the scope of the proposed construction is such that the
inspections applicable to the project exceed the permit cost when
calculating each of the inspections at the rate of additional
inspections as per the Fees and Charges By-Law, the Chief Building
Official may add additional inspection fees as applicable.
4.1.5.1. For the purposes of Subsection 4.1.5., the combination of
administrative functions and the plans review shall be
considered as one required inspection.
4.1.6. The fees for Modular Homes are applicable to situations where there
are reduced inspections required due to typically on-grade foundation
and the building above the foundation being delivered to the site in a
predominantly finished condition. Required inspections for these
types of buildings are simplified with only service connections and
occupancy of the supported structure and limited other required
inspections. Accordingly, only the following components &
inspections are included in the reduced price:
4.1.6.1. Readiness to construct footings
4.1.6.2. Substantial completion of footings and foundations prior to
commencement of backfilling
4.1.6.3. Readiness for inspection and testing of building sewers,
building drains, water service pipes, and drainage systems
4.1.6.4. Substantial completion of framing (foundation skirting and
one entry stair/landing only)
4.1.6.5. Occupancy
4.1.7. Construction exceeding Subsection 4.1.6. will be evaluated by the
Chief Building Official and may be subject to additional fees or
classified as a Detached Dwelling if the scope of the project warrants
as such.
4.1.8. Where the permit fee for an application exceeds $10,000, the Chief
Building Official may permit a deposit to be paid of not less than 35%
of the estimated value of the permit. The final permit value shall be
based on the applicable fees at the time of permit issuance. The
balance shall be due at permit issuance less any deposit amounts
paid.
4.1.9. Notwithstanding anything in this Subsection, if the Chief Building
Official determines that additional fees are required, the applicant
shall be notified, and no permit shall be issued until the total fee has
been paid.
4.2. Complete Application
4.2.1. For an application to be deemed a complete application, the
application shall meet the requirements of Division C, Sentence
1.3.1.3.(5) of the Code.
4.2.2. For the purposes of Division C, Clause 1.3.1.3.(5)(c) of the Code the
minimum required fields on the application form and schedules shall
be the highlighted fields in "Appendix A - Required Application
Fields" and "Appendix B - Required Schedule 1 Fields".
4.2.3. Where an application has been deemed complete, and the Chief
Building Official has provided notice to the Applicant of any reason
that a permit cannot be issued, including but not limited to a request
for further documents, plans, or other information, or that part of the
design does not appear to comply with the Act, the Code, or an
Applicable Law, the notice shall be deemed as refusal to issue a
permit in accordance with Division C, Clause 1.3.1.3.(1)(b) of the
Code.
4.2.4. Where there are substantial changes to the design of the project,
during the review process, that are not otherwise necessary for
addressing any of the reasons that a permit cannot be issued,
additional fees may be applied at the discretion of the Chief Building
Official in accordance with the Fees and Charges By-Law.
4.3. Incomplete Application
4.3.1. An application that is not deemed a complete application, shall be
deemed an incomplete application.
4.3.2. Where an Applicant is notified that an application is incomplete, the
notice shall be deemed as a refusal to issue a permit in accordance
with Division C, Clause 1.3.1.3.(1)(b) of the Code.
4.4. Time Periods for Applications
4.4.1. Where a notice of refusal to issue a permit in accordance with
Subsections 4.2.4. or 4.3.2. of this By-Law has been provided to an
Applicant, the time periods prescribed by the Code do not
recommence unless the Applicant submits a new application.
4.5. Cancelled Applications
4.5.1. If an incomplete application remains in an incomplete state for longer
than the time period prescribed in Table 4.5. in this By-Law, from the
date the application is made, the application may be cancelled.
4.5.2. Where an application has been deemed complete, notice of refusal
to issue permit in accordance with Division C, Clause 1.3.1.3.(1)(b) of
the Code has been provided to the Applicant, and all reasons for
refusal have not been appropriately addressed by the Applicant that
would otherwise allow the Chief Building Official to issue a permit,
the application may be cancelled if the time period prescribed in
Table 4.5. in this By-Law has lapsed from the date the original notice
of refusal was provided.
4.5.3. Where an application meets all the requirements that allow the Chief
Building Official to issue the permit, but where the total amount of
fees required by the Fees and Charges By-Law for the issuance of
the permit, including any applicable development charges, have not
been paid by the Applicant, the application may be cancelled if the
time period prescribed in Table 4.5. in this By-Law has lapsed from
the date the Applicant was notified of the amount of unpaid fees.
Table 4.5. - Time Period for Cancellation of Application Bylaw
25-014
Column 1
Column 2
Building Type
Time Period for Cancellation
of Application.
Houses, buildings accessory to
a house, tents, signs, and
designated structures
20 business days
Part 9 buildings other than
described above, farm buildings
<600m2
30 business days
Part 3 buildings other than
described above, retirement
homes, farm buildings >600m2
40 business days
Post disaster buildings, high
buildings, and buildings with an
interconnected floor space
60 business days
4.5.4. Where more than one time period is applicable in Table 4.5, the
greater time period shall apply.
4.5.5. Prior to cancelling an application, the Chief Building Official shall
serve notice to the Applicant, either by personal service or email
service to the address or email declared on the application form, that
the Application will be cancelled.
4.5.6. Where notice is served by email, the Applicant shall be conclusively
deemed for all purposes to have been served.
4.5.7. An Applicant may, within five (5) business days from the date served
of a notice of application cancellation, request in writing that the Chief
Building Official defer the cancellation by stating reasons why the
application should not be cancelled.
4.5.8. The Chief Building Official, having regard to any changes to the Act,
the Code, or an Applicable Law, may defer the cancellation request
under Subsection 4.5.7. for a time period of not more than ten (10)
business days from the original time period as determined by Table
4.5.
4.5.9. An Applicant may, by written notice to the Chief Building Official,
request cancellation of the application at any time.
4.5.10. An Owner who has authorized an Applicant to apply for a permit for
their property may, by written notice to the Chief Building Official,
withdraw their authorization of the application at any time prior to the
permit being issued, and upon receipt of the notice, the Chief
Building Official shall cancel the application in accordance with
Subsection 4.5.5. of this By-Law.
5.
PERMIT ISSUANCE, TRANSFER, AND DOCUMENT RETENTION
5.1. Permit Issuance
5.1.1. Notwithstanding any other provision of this By-Law, all permits issued
shall be issued in the name of the legal owner of the property.
5.1.2. If an E-Permitting System is in use in the Municipality, all permits
shall be provided through the system to the Applicant, the Owner,
and if known at the time of the application, the Builder.
5.1.3. If an E-Permitting System is not in use in the Municipality, the permit
and all documents that form part of the permit will be emailed to the
Applicant, the Owner, and if known at the time of application, the
Builder.
5.1.4. Every person to whom a permit has been provided shall be
responsible to download from the E-Permitting System, or email as
applicable, the permit and all documents that form the permit, and
shall retain a copy on the site of the construction.
5.1.5. Only the documents that have been certified by the Chief Building
Official or Building Staff shall be deemed as the documents that form
the permit.
5.1.6. Notwithstanding any request made under Subsection 3.4.5., there is
no obligation on the Chief Building Official to issue a Conditional
Permit. The decision of the Chief Building Official to issue or refuse a
Conditional Permit is final and not appealable.
5.2. Transfer of Permit
5.2.1. When land ownership changes, a permit may be transferred to
another person after the permit has been issued by submitting the
following information and documents to the Chief Building Official:
5.2.1.1.
Proof of ownership, such as land transfer or title
documents;
5.2.1.2.
The documents identified in Subsections 3.4.1.1. to
3.4.1.5. of this By-Law.
5.2.1.3.
Payment of the permit transfer fee prescribed by the Fees
and Charges By-Law.
5.2.2. When a permit is transferred, a new file shall be created, a new
permit issued, including a new permit number, and the original permit
file closed. Both the new and original files shall contain a reference to
the other file.
5.2.3. The transfer of a permit does not constitute a reason for refunding of
fees previously paid by the original permit Applicant.
5.2.4. The transfer of a permit does not absolve the new permit holder from
compliance with the Act or the Code or correction of any deficiencies
related to the project prior to their ownership.
5.3. Material Changes
5.3.1. Where there are material changes to the proposed construction after
the permit has been issued, the designer shall submit revised
designs, sufficient to determine compliance with the Code, to the
Chief Building Official for review and authorization of the material
change. Additional fees may be applicable at the discretion of the
Chief Building Official in accordance with the Fees and Charges By-
Law.
5.4. Revoking of Permits
5.4.1. Permits may be revoked by the Chief Building Official in accordance
with Section 8(10) of the Act.
5.4.2. In the event a Permit is revoked, refund fees shall be applicable as
per Subsection 6.2., except if a permit is revoked due to being issued
on false information provided by the Applicant, in such event, no
refund shall be issued. Bylaw 25-014
5.5. Occupancy Permits
5.5.1. Where the project requires an occupancy permit, the fee for the
occupancy permit is deemed to be included with the original permit
fee except as per this Subsection.
5.5.2. Where the occupancy permit is requested prior to completion of the
project such that occupancy may be granted but there are items
remaining that require further inspections, a fee for the occupancy
permit equal to the minimum permit fee shall be paid prior to
issuance of the occupancy permit.
5.5.3. Where a project is scheduled such that there are multiple partial
occupancies requested prior to completion of the project, a fee equal
to the to the minimum permit fee shall be paid for each occupancy
permit prior to issuance of the respective occupancy permit.
5.5.4. Where the occupancy permit is requested and it is determined at the
time of inspection by the Building Inspector that occupancy has
already taken place, a fee for the occupancy permit equal to double
the minimum permit fee shall be paid prior to issuance of the
occupancy permit.
6. THIRD-PARTY REVIEWS AND REFUNDS, OTHER FEES
6.1. Third-Party Review
6.1.1. Where an Applicant or designer proposes an alternative solution, or
the use of innovative materials, systems or building designs that are
not approved through a ruling by the Minister, or where the proposed
design cannot reasonably be determined by the Chief Building
Official as compliant with the Act or the Code, the Chief Building
Official may utilize a third party review by a person possessing
special or expert knowledge with respect to the proposed design or
part of the design that is in question.
6.1.2. All fees and costs associated with a third-party review shall be paid
by the Applicant in accordance with the Fees and Charges By-Law.
6.2. Refunds
6.2.1. Refunds of application and permit fees, where applicable, shall be
made in accordance with Appendix C of this By-Law.
6.2.2. Any third-party review fees incurred related to a project and
administrative fees are not applicable for refund. Bylaw 25-014
6.2.3. No refund shall be made where the amount of refund payable is less
than one hundred dollars ($100) or where the permit fee is the
minimum permit fee. Bylaw 25-014
6.2.4. No refund shall be made for any permit that exceeds three (3) years
old except as permitted by Subsection 4.1.9. Bylaw 25-014
6.3. Other Fees Bylaw 25-014
6.3.1. Where work or action is required by the Chief Building Official to a
building or property to remediate an unsafe condition and any third-
party costs are incurred, all such costs may have administrative fees
added at the discretion of the Chief Building Official as though they
are third-party evaluation fees as per the Fees and Charges By-law.
Bylaw 25-014
6.3.2. Administrative or other fees may be added as per the Fees and
Charges By-law to a project and collected in the same manner as
permit fees. All fees shall be paid by the applicant prior to the
issuance of any permit or final inspection report. Bylaw 25-014
6.3.3. Where Staff time is required for any action not otherwise prescribed
in this By-law or the Fees and Charges By-law, an hourly rate may
be applied at the discretion of the Chief Building Official as calculated
per the following and shall be paid by the applicant. Bylaw 25-014
6.3.3.1. For the Building Inspectors and Building Clerk at an hourly
rate equivalent to the extra inspection fee. Bylaw 25-014
6.3.3.2. For the Chief Building Official and Deputy Chief Building
Official at an hourly rate of 125% of the extra inspection fee.
Bylaw 25-014
6.3.4. If any fee or charge under this by-law remains unpaid for more than
60 calendar days from the date the fee was due or the date of the
invoice, the Chief Building Official may request to the Clerk or
Treasurer of the Municipality as applicable, to add the unpaid amount
to the property tax roll, including any administrative fees, in
accordance with the Fees and Charges By-law. Bylaw 25-014
7. PERMIT RENEWALS
7.1. Conditions for Renewal
7.1.1. Permits are considered valid for one calendar year from the date of
issuance.
7.1.2. Permits where the proposed construction has not been Seriously
Commenced, has been Substantially Discontinued or Substantially
Suspended, may be renewed with the approval of the Chief Building
Official.
7.1.3. Permits may be renewed by the original applicant or owner for
periods not exceeding one year per renewal. The renewal date shall
coincide with the original date of Permit issuance.
7.1.4. Where the Applicant initiates the renewal of the Permit, they shall
make the request in writing, including providing a projected timeline
for completion of the project.
7.1.5. Where a Permit is renewed and there have been changes to the
Code or Act since the original date of Permit issuance, the Code or
Act in effect at the time of issuance shall prevail, subject to any
transitional rules within the Act or Code.
7.1.6. Where a Permit is renewed, all components of this By-Law shall be
applicable to the renewed Permit, except for Sections 3 and 4.
7.2. Renewal Fees
7.2.1. Permit renewal fees shall be in accordance with the Fees and
Charges By-Law.
7.2.2. Where the applicant initiates the renewal of the Permit the renewal
fees shall be according to the Fees and Charges By-Law.
7.2.3. Where the applicant does not initiate the renewal of the Permit prior
to its expiry and the Permit is required to remain valid due to
incomplete construction, the renewal fees may be increased by an
additional 25%.
7.2.4. The Chief Building Official may, with regard to staff involvement for
the completion of a project, reduce or waive renewal fees at their
discretion.
8. DOCUMENTATION
8.1. Document Retention
8.1.1. Except as required in this By-Law, documents related to applications
and permits shall be retained in accordance with the records
management and document retention by-laws and policies enacted
by the Municipality.
8.1.2. All hard copy documents shall be scanned and converted to digital
documents to be retained by the Municipality, the hard copy
documents shall be destroyed thereafter, and the digital version of
the documents shall be deemed to be true copies of the original for
all purposes.
8.1.3. All permits that have been issued by the Chief Building Official, and
all documents that form the permit, shall be retained by the
Municipality permanently in digital format.
8.1.4. Where an application has been cancelled, permit refused, or
otherwise and no permit has been issued, documents and forms
submitted with the application shall be retained by the Municipality, in
accordance with this section as a record of the cancelled application
or refused permit.
8.1.5. Any documents deemed to be not part of the application as per
Subsection 3.4.8., shall not be retained and shall be destroyed or
deleted.
9.
INSPECTIONS
9.1. Prescribed and Additional Inspection Notices
9.1.1. All prescribed inspection notices listed in Division C, Article 1.3.5.1.
of the Code shall be required with respect to the construction
proposed in the permit.
9.1.2. The Chief Building Official may require any of the additional
inspection notices listed in Division C, Article 1.3.5.2. of the Code
where the Chief Building Official has communicated to the person(s)
to whom a permit has been provided that the additional inspection
notice is required.
9.1.3. The required prescribed and additional inspection notices that relate
to the type of construction proposed in the permit shall be noted on
the permit.
9.1.4. Notwithstanding Subsection 9.1.3. of this By-Law, inspection notices
noted on the permit shall be deemed for convenience only, and it
shall be the responsibility of the person(s) to whom the permit has
been provided to ensure that all inspection notices that relate to the
construction are provided as required by the Act and the Code.
9.2. Request for Inspection
9.2.1. The person(s) to whom the permit has been issued shall provide
notice to the Chief Building Official for each required prescribed and
additional inspection notice by one of the following methods:
9.2.1.1.
E-Permitting System inspection request process, if such
system exists;
9.2.1.2.
Phone call or voicemail to the Building Clerk at (613)-256-
2064 ext 508; or,
9.2.1.3.
Email to the Building Clerk at
building@mississippimills.ca.
9.2.1.4.
On a case-by-case basis, the Chief Building Official may
approve other methods of booking inspections.
9.2.2. The person providing the inspection notice to the Chief Building
Official shall ensure that the construction relevant to the requested
inspection is ready for such inspection and that all required
documentation to conduct the inspection is available on site.
9.2.3. Every inspection notice shall contain the following information:
9.2.3.1.
The name of the prescribed or additional inspection notice
and stage of construction that the inspection relates to;
9.2.3.2.
The permit number or civic address that relates to the
project; and,
9.2.3.3.
Contact information for the individual making the request.
9.2.4. A notice or request for inspection that does not meet the criteria of
Subsections 9.2.1. and 9.2.2. of this By-Law may be deemed invalid.
9.2.5. Where an inspector has deemed that a stage of construction does
not meet the criteria for the prescribed or additional inspection notice,
as it is described in Division C, Articles 1.3.5.1. and 1.3.5.2. of the
Code, the permit holder shall provide a new notice for inspection
when the criteria for that stage of construction has been met and
shall not cover any portion of the work that will require inspection for
that stage of construction.
9.2.6. In the event that re-inspection is required for any stage of
construction, additional inspection fees may be added as per the
Fees and Charges By-law.
9.2.7. If additional site visits, beyond the inspection stages outlined in
Section 9.1, are required by Building Department staff to discuss or
evaluate challenges imposed by site conditions, those site visits shall
only be conducted with the prior approval of the Chief Building
Official and additional inspection fees may be added as per the Fees
and Charges By-law.
9.2.8. Inspections shall be conducted within two (2) business days of the
date of making the request with the first day being the day after the
request was made unless agreed to otherwise by the person making
the request and the Chief Building Official.
9.3. Inspection Policy
9.3.1. Matters related to inspections, including but not limited to
requirements for notice, readiness, condition of the construction site,
access for inspector, and results of the inspection, shall comply with
any Inspection Policy that has been established by the Chief Building
Official.
10. DELEGATION OF AUTHORITY
10.1. Conditional Permit Agreements
10.1.1. The Chief Building Official is hereby delegated the power to enter
into and execute on behalf of the Municipality agreements described
in Clause 8(3)(c) of the Act.
10.2. Emergency Appointment Provisions
10.2.1. Upon receiving notice of a declared state of emergency, the Chief
Administrative Officer may authorize the Chief Building Official to
appoint inspectors under Section 3 of the Act, including the function
of revoking such appointments, subject to the following conditions:
10.2.1.1. The Chief Administrative Officer has determined the state
of emergency has overwhelmed the Building Department's
resources;
10.2.1.2. Prior to appointment, each inspector shall have the
qualifications set out in the Code, as it relates to the
position and the duties they will perform; and,
10.2.1.3. Any appointments made may be revoked at any time by
the Chief Administrative Officer or the Chief Building
Official, and all appointments shall be considered
automatically revoked when the state of emergency is no
longer in effect.
10.3. Delegation to Building Staff
10.3.1. Where notice or action is required by this By-Law by the Chief
Building Official, with respect only to Applications, Permits, and Fees,
the Chief Building Official may delegate the ability to provide or serve
the notice to any Building Staff as they see fit, with the exception of
Conditional Permits which may not be delegated
11. OFFICIAL COMPLAINTS
11.1. Complaints related to Building Code matters and enforcement, except for
matters related to the Building Official Code of Conduct, shall be submitted to
Building Staff by either email, written submission, or through the
Municipality's website complaint form, and shall contain the civic address of
the alleged contravention, the complainant's name, phone number, home
address, email address, and sufficient information to describe the alleged
contravention.
11.2. Complaints that do not contain all the information from Subsection 11.1. may
be deemed by the Chief Building Official to not be valid complaints and not
investigated.
11.3. Complaints related to refusal to issue a Permit in accordance with Division C
of the Code may be deemed by the Chief Building Official to not be valid
complaints and not investigated.
11.4. Complaints related to the Building Official Code of Conduct shall be
submitted in accordance with the procedures described in that document
which is attached as Appendix 'D' to this By-Law.
12. SEVERABILITY
12.1. If a court of competent jurisdiction should declare any section or part of a
section of this By-law to be invalid, such section or part of a section shall not
be construed as having persuaded or influenced Council to pass the
remainder of this By-law and it is hereby declared that the remainder of this
By-law shall be valid and shall remain in force.
13. REPEAL
13.1. By-law No. 18-23 as amended is hereby repealed in its entirety upon the day
of passing of this by-law
14. EFFECTIVE DATE
14.1. This By-law shall come into force and take effect on the day of passing of this
by-law.
BY-LAW READ, passed, signed, and sealed in open Council this 7th day of May, 2024.
______________________
_________________________
Christa Lowry, Mayor
Jeanne Harfield, Clerk
APPENDIX A to Bylaw 24-027
REQUIRED APPLICATION FIELDS
APPENDIX B to Bylaw 24-027
REQUIRED SCHEDULE 1 FIELDS
APPENDIX C to Bylaw 24-027
REFUND PERCENTAGES
a) Eighty percent (80%) if application is filed, reviewed for completeness and
applicable law reviewed but no plans examination functions have been
performed;
b) Sixty-five percent (65%) if administrative, applicable law, and plan examination
functions have been performed;
c) Fifty percent (50%) if the permit has been issued or made available, and no field
inspections have been performed; and
d) No refund if any field inspections have been performed.
APPENDIX D to Bylaw 24-027
BUILDING OFFICIAL'S CODE OF CONDUCT
______________________________________________________________________
1. PURPOSE
The Municipality of Mississippi Mills has created this Code of Conduct in accordance
with the provisions of The Building Code Act.
Building Officials conduct functions that ensure the quality, structural integrity, and
safety of buildings. Building Officials are exposed to potential conflicts of interest
because of the special powers granted to them. The conduct and behaviour of the
Municipality of Mississippi Mills Building Officials reflect the Municipality of Mississippi
Mills Building Department's commitment to the highest standards of professionalism,
technical competence, skill, honesty, fairness, and independence. Building Officials
observe both the letter and the spirit of this Code of Conduct as it pertains to situations
that bear on their responsibilities.
This Code of Conduct shall not be construed to replace the Code of Conduct for the
Corporation of the Municipality of Mississippi Mills, rather, it is a supplemental Code of
Conduct for the Chief Building Official and Building Inspectors. Compliance with this
Code of Conduct shall constitute a condition of employment as the Chief Building
Official or a Building Inspector appointed under the Building Code Act.
The purpose of this Code of Conduct is threefold:
1.1 To promote appropriate standards of behaviour and enforcement actions by the
Chief Building Official and Building Inspectors in the exercise of a power or the
performance of a duty under the Building Code Act or the Ontario Building
Code.
1.2 To prevent practices which may constitute an abuse of power, including
unethical or illegal practices, by the Chief Building Official and Building
Inspectors in the exercise of power or the performance of duty under the
Building Code Act or the Ontario Building Code.
1.3 To promote appropriate standards of honesty and integrity in the exercise of
power or the performance of duty under the Building Code Act or the Ontario
Building Code by the Chief Building Official and Building Inspectors.
2. RESPONSIBILITIES
2.1 Standards of Behaviour
To ensure appropriate standards of behaviour, the Chief Building Official and Building
Inspectors shall:
2.1.1 Strive to behave in a professional, courteous, and objective manner when
dealing with all persons.
2.1.2 Treat all people with respect, integrity, and honesty.
2.1.3 Treat all people in a fair manner regardless of past interactions, personal
feelings, or opinions.
2.1.4 Always attempt to resolve any violation of the Ontario Building Code in a
co-operative manner.
2.1.5 Process complete permit applications in an efficient and effective manner
whenever possible, which typically includes the order in which they were
received.
2.1.6 Manage confidential and sensitive information according to the
Municipality's guidelines and relevant legislation, and ensure that no
information that is collected, produced, or obtained in the course of their
duties, regardless of the method of which it is collected, produced, or
obtained, is disclosed without proper approval.
2.1.7 Declare in writing, any construction work on their own property subject to
the Ontario Building Code, if located within the Municipality.
2.2 Standards of Enforcement
To ensure appropriate standards of enforcement the Chief Building Official and
Building
Inspectors shall:
2.2.1 Always act in the interest of the health and safety of the public.
2.2.2 Be committed to continuous learning including keeping up to date with any
changes to the Ontario Building Code and completing any training required
by the Ministry of Municipal Affairs and Housing.
2.2.3 Only conduct application reviews/inspections for which they are qualified
to do so, unless otherwise approved by the Chief Building Official.
2.2.4 Hold all persons to the same set of standards as outlined in the Ontario
Building Code.
2.2.5 Not ignore a violation of the Ontario Building Code and shall act to enforce
compliance.
2.2.6 Consult with the Chief Building Official before issuing any orders against
any projects.
2.3 Prevention of Unethical/Illegal Practices
To prevent unethical/illegal practices the Chief Building Official and Building
Inspectors
shall not:
2.3.1 Accept any gifts, favours, hospitality, or entertainment from any persons
and avoid all circumstances that could comprise professional integrity.
2.3.2 Perform any service or employment, paid or otherwise, for a local builder,
contractor or developer operating within the Municipality, which may be
construed as creating a conflict of interest. If any doubt does exist
regarding conflict-of-interest, approval from the Chief Building Official or
Director of Development Services and Engineering must be granted in
writing before performing the service.
2.3.3 Perform any construction work, for profit or for which a building permit is
required within the Municipality. Notwithstanding this provision, this does
not prohibit an employee for volunteering their time with a not-for-profit
organization or agency as long as the employee has declared this with
their supervisor in writing.
3. BREACH OF CODE OF CONDUCT
3.1 Allegations
In the event of an allegation of breach of the Code of Conduct:
3.1.1 The party making the allegation, shall do so in witting, including identifying
the component of the Code of Conduct that has been breached, the
individual who allegedly made the breach and sufficient information for the
allegation to be investigated.
3.1.2 The written allegation shall be submitted to:
i. the Chief Building Official and Clerk in the event the allegation is
against a Building Inspector, or
ii. to the Director of Development Services and Engineering and Clerk in
the event the allegation is against the Chief Building Official.
3.1.3 All allegations shall be investigated thoroughly by an investigating official
identified as follows:
i. If the allegation is against a Building Inspector, the Chief Building
Official shall investigate.
ii. If the allegation is against the Chief Building Official, the Director of
Development Services and Engineering and Clerk shall investigate.
3.1.4 For clarity, refusal to issue a building permit for any of the reasons
identified in Division C - Administrative Provisions of the Ontario Building
Code does not constitute a breach of this Code of Conduct.
3.2 Investigations
During the investigation of alleged breach of the Code of Conduct:
3.2.1 The party making the allegation shall be given the opportunity to present
their interpretation of events.
3.2.2 The party being investigated shall be given the opportunity to review all
documents submitted by the party making the allegation.
3.2.3 The party being investigated shall be given the opportunity to present their
interpretation of events.
3.2.4 The investigating official may seek input from any relevant third party.
3.2.5 The investigating official shall take into account the employment record of
the alleged offending party.
3.3 Disciplinary Action
If a breach of the Code of Conduct has occurred, the party found to be in breach may
be subjected to any of the following disciplinary action, as per the Municipality's
Disciplinary Policy:
3.3.1 Verbal and written reprimand
3.3.2 Suspension with or without pay; or
3.3.3 Termination of employment
Any complaints received under this Code of Conduct shall be reported by the Clerk to
Council in the same manner as other formal complaints are reported to Council.
4. PUBLICATION OF CODE
This Code of Conduct shall be brought to the attention of the public in the following
manner:
4.1 Posting on the municipal website.
4.2 Posting at the customer service counter for the Building Department.