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By-law # 2012-24
Page 1 of 11
BY-LAW # 2012-24
BEING A BY-LAW RESPECTING CONSTRUCTION, DEMOLITION,
CHANGE OF USE PERMITS AND INSPECTIONS
WHEREAS pursuant to the Building Code Act, as amended, the Lieutenant Governor in
Council has established a Building Code which is in force throughout Ontario to
regulate all construction, demolitions extensions, material alterations and changes of
use with respect to buildings, for which the Council of the Township of Nairn and
Hyman has appointed a Chief Building Official and such inspectors for the proper
administration of the said Building Code;
AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, Chapter 23,
empowers Council to pass certain By-laws respecting construction, demolition and
change of use permits and inspections;
NOW THEREFORE the Corporation of the Township of Nairn and Hyman enacts as
follows:
1.0
SHORT TITLE
This By-law may be cited as the "Building By-law".
2.0
DEFINITIONS
2.1
In this by-law:
a)
"Act" means the Building Code Act, 1992, S.O. 1992, Chapter 23 as
amended.
b)
"Applicant" means the owner of a building or property who applies for a
permit or any person authorized by the owner to apply for a permit 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.
c)
"As constructed plans" means as constructed plans as defined in the
Building Code.
d)
"Architect" means a holder of a license, a certificate of practice, or a
temporary license under the Architect's Act as defined in the Building
Code.
e)
"Building" means a building as defined in Section 1(1) of the Act.
f)
"Building Code" means the regulations made under Section 34 of the Act.
g)
"Chief Building Official" means the chief building official appointed by By-
law of the Corporation of the Township of Nairn and Hyman for the
purpose of the enforcement of the Act.
h)
"Construct" means to do anything in the erection, installation, extension or
material alteration or repair of a building and includes the installation of a
building unit fabricated or moved from elsewhere.
I)
"Corporation" means The Corporation of the Township of Nairn and
Hyman.
j)
"Demolition" means to do anything in the removal of a building or any
material part thereof.
k)
"Dwelling Unit" means a suite operated as a house keeping unit, used or
intended to be used as a domicile by one or more persons and usually
containing cooking, eating, living, sleeping and sanitary facilities.
By-law # 2012-24
Page 2 of 11
l)
"Farm building" means a farm building as defined in the Building Code.
m)
"Permit" means written permission or written authorization from the Chief
Building Official to perform work regulated by this By-law and the Act, or to
change the use of a building or part of a building or parts thereof as
regulated by the Act.
n)
"Plumbing" means plumbing as defined in Section 1(1) of the Act.
o)
"Prescribed value" means, as determined by the Chief Building Official,
the value of construction of a proposed building or designated structure
including the total value of all work, labour, equipment, overhead, services
and materials in respect of its construction and of all professional and
related services.
p)
"Professional engineer" means a person who holds a license or a
temporary license under the Professional Engineer's Act, as defined in the
Building Code.
q)
"Sewage system" means a sewage system as defined in Section 1(1) of
the Act.
r)
"Substantially completed" means when construction is sufficiently
completed in general conformance with the approved plans so that the
building can be occupied for the use for which it is intended.
2.2
Terms not defined in this By-law shall have the meaning ascribed to them in the
Act or the Building Code.
3.0
PERMITS
3.1
Classes of Permits
Classes of permits with respect to the construction, demolition and change of
use of buildings and permit fees shall be as set forth in Schedule "A" appended
to and forming part of this By-law.
3.2
Building Permits
Where application is made for a construction permit under Subsection 8(1) of the
Act, the application shall:
a)
use the provincial application form, "Application for a Permit to Construct
or Demolish"; and
b)
include complete plans and specifications, documents and other
information as required by Article 1.3.1 Division C of the Building Code
and as described in this By-law set forth in Schedule "B" of the work to be
covered by the permit
3.3
Demolition Permits
Where application is made for a demolition permit under Subsection 8(1) of the
Act, the application shall:
a)
use the provincial application form, "Application for Permit to Construct or
Demolish; and
b)
include complete plans and specifications, documents and other
information as required by Article 1.3.1 Division C of the Building Code
and as described in this by-law set forth in Schedule "B" for the work to be
covered by the permit.
3.4
Conditional Permits
Where application is made for a conditional permit under subsection 8(3) of the
Act, the application shall:
a)
use the provincial application form, "Application for Permit to Construct or
Demolish"; and
b)
include complete plans and specifications, documents and other
information as required by Article 1.3.1 Division C of the Building Code
By-law # 2012-24
Page 3 of 11
and as described in this By-law set forth in Schedule "B" for the work to be
covered by the permit.
c)
state the reasons why the applicant believes that unreasonable delays in
construction would occur if a conditional permit is not granted;
d)
state the necessary approvals which must be obtained in respect of the
proposed building and the time in which such approvals will be obtained;
and
e)
state the time in which plans and specifications of the complete building
will be filed with the Chief Building Official.
3.5
Partial Permits
When in order to expedite work, approval of a portion of the building or project is
desired prior to the issuance of a permit for the complete building or project,
application shall be made and fees paid for the complete project. Complete
plans and specifications covering the portion of the work for which immediate
approval is desired shall be filed with the Chief Building Official. Where a permit
is issued for part of a building or project, this shall not be construed to authorized
construction beyond the plans for which approval was given nor that approval will
necessarily be granted for the entire building or project.
3.6
Change of Use Permits
Every application for change of use permit issued under subsection 10(1) of the
Act shall be submitted to the Chief Building Official and shall:
a)
describe the building in which the occupancy is to be changed, by a
description that will readily identify and locate the building;
b)
identify and describe in detail the current and proposed occupancies of
the building or part of a building for which the application is made;
c)
include plans and specifications showing the current and proposed
occupancy of all parts of the building, and which contain sufficient
information to establish compliance with the requirements of the Building
Code, including: floor plans, details of wall, ceiling and roof assemblies
identifying required fire resistance ratings and load bearing capacities,
details of existing "sewage systems", if any;
d)
be accompanied by the required fee;
e)
state the name, address and telephone number of the owner; and
f)
be signed by the owner or his or her authorized agent who shall certify the
truth of the contents of the application.
3.7
OCCUPANCY PERMIT FOR AN UNFINISHED BUILDING
Every application for authorization to occupy an unfinished building pursuant to
Division C, Subsection 1.3.3 of the Building Code shall:
a)
Identify and describe in detail the occupancy, the date of such occupancy
and the building or part thereof for which the application for a permit is
made; and
b)
Be accompanied by plans which show the areas of the proposed
occupancy; and
c)
Be accompanied by the appropriate fee in accordance with Schedule "A"
of this By-law.
3.8
ALTERNATIVE SOLUTIONS, DISPUTES, RULINGS AND INTERPRETATIONS
Where an application for a permit or for authorization to make a material change
to a plan, specification, document or other information on the basis of which a
permit was issued, contains an equivalent material, system or building design for
which authorization is requested, shall meet the requirements of section 2.1
Division C of the Building Code.
By-law # 2012-24
Page 4 of 11
4.0
ADMINISTRATIVE PROCEDURES RELATING TO PERMITS
4.1
Revisions to Permit
After the issuance of a permit under the Act, notice of any material change to a
plan, specification, documentation or other information on the basis of which the
permit was issued, must be given in writing, to the Chief Building Official together
with the details of such change, which is not to be made without his or her written
authorization.
4.2
Revocation of Permits
The Chief Building Official, subject to provisions outlined in subsection 8(10) of
the Act has the authority to revoke a permit issued under the Act.
4.3
Permit Application
To obtain a permit, the owner or agent authorized in writing by the owner shall
file an application in writing by completing a prescribed form available from the
Chief Building Official, the Building Code website at www.obc.hah.gov.on.ca or
the Municipal Website at www.nairncentre.ca. Forms prescribed by the
Corporation under clause 7(1)(f) of the Act shall be set out in Schedule "C" to
this By-law.
4.4
Plans and Specifications
Sufficient information shall be submitted with each application for a permit to
enable the Chief Building Official to determine whether or not the proposed
construction, demolition or change of use will conform with the Act, the Building
Code and any other applicable law. Each application shall, unless otherwise
specified by the Chief Building Official, be accompanied by two complete sets of
plans and specifications required under this By-law. Plans shall be drawn to
scale on paper, or other durable material, shall be legible and, without limiting
the generality of the forgoing, shall include such working drawings as set out in
Schedule "B" to this By-law unless otherwise specified by the Chief Building
Official.
4.5
The Site Plan
Site plans shall be referenced to an up-to-date survey and, where required to
demonstrate compliance with the Act, the Building Code or other applicable law,
a copy of the survey shall be submitted to the Chief Building Official. Site plans
shall show:
a)
Lot size and the dimensions of the property lines and setbacks to any
existing or proposed buildings;
b)
Existing and finished ground levels or grounds;
c)
Existing rights-of-way, easements and municipal services;
d)
Proposed fire access routes and existing fire hydrant locations; and
e)
Location and dimensions of existing or proposed on site sewage systems.
4.6
Payment of Fees
a)
Fees for a required permit shall be set out in Schedule "A" to this By-law
and are due and payable upon submission of an application for a permit.
Where the fees payable in respect of an application for a partial permit or
a conditional permit, fees shall be paid for the complete project. Where
the fees payable in respect of an application for a construction or
demolition permit issued under subsection 8(1) of the Act or a conditional
permit under subsection 8(3) of the Act are based on the prescribed value
of the proposed work, such value shall be as defined in this By-law.
b)
Building permit fees for construction commencing without a permit is 1.5
times the required fee. Payment of this fee will not relieve any person or
corporation from:
I)
Fully complying with the Ontario Building Code; or
ii)
Any penalty prescribed in the Act for starting or proceeding with
work prior to obtaining a construction permit.
By-law # 2012-24
Page 5 of 11
4.7
Refunds
a)
In the case of withdrawal of an application or abandonment of all or a
portion of the work or the non-commencement of any project, and upon
written request, the Chief Building Official shall determine the amount of
paid permit fees that may be refunded to the applicant, if any, in
accordance with Schedule "A" attached to and forming part of this By-law.
b)
Except as provided above, there shall be no refund of permit fees where a
permit has been revoked or transferred.
5.0
NOTICE REQUIREMENTS FOR INSPECTIONS
5.1
Prescribed Notices for Inspections
A person to whom a permit is issued shall give notice of readiness for inspection
to the Chief Building Official. Such notice shall be given in accordance with the
provisions of the Building Code for all mandatory inspections listed in the
Building Code under Section 1.3.5.2 Division C.
5.2
Improper Inspection Calls
At the discretion of the Chief Building Official where the owner and/or agent
gives notice for a specific inspection of any building, lot or parcel of land and the
inspection cannot be properly carried out due to unfinished work, or the
inspection is broken down to excessive site visits due to phasing of the project,
or the inspection is requested, the owner shall be responsible for all the
Corporation's costs, plus 20% overhead, relating to the inspection. Such costs
shall be termed "Inspection Fee" and shall be paid to the Treasurer of the
Corporation on demand.
6.0
PRESCRIBED FORMS
6.1
Prescribing Forms
The forms prescribed for use as applications for permits, for orders and for
inspection reports shall be as set out in Schedule "C" to this By-law.
7.0
AS CONSTRUCTED PLANS
7.1
As Constructed Plans
The Chief Building Official may require that a set of plans of a building or any
class of buildings as constructed be filed with the Chief Building Official on
completion of construction under such conditions as may be prescribed in the
Building Code.
8.0
CODE OF CONDUCT
The Code of Conduct required under Section 7.1 (1) of the Act shall be the
"Employee Code of Conduct" which governs the conduct of all employees of the
Corporation.
9.0
APPOINTMENT OF RCA'S
If the municipality directly appoints a registered code agency under Section 4.1
of the Act, an agreement must be completed.
The agreement with the registered code agency authorizes the agency to
perform functions in the agreement. The agreements shall be in writing and as
outlined in the Building Code under Article 3.7 Division C.
Under Subsection 4.1(3) of the Act, the Corporation of the Township of Nairn
and Hyman delegates to the Chief Building Official, the authority to make
appointments of registered code agencies.
By-law # 2012-24
Page 6 of 11
10.0
VALIDITY
Should any section, clause or provision of this by-law be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the
by-law as a whole or any part thereof, other than the part so declared to be
invalid.
11.0
PENALTY
Every person who contravenes any provision of this By-law is guilty of an offence
and upon conviction under the Provincial Offences Act is liable to a fine and any
other penalty imposed under the Act as defined in this By-law.
13.0
REPEAL OF PREVIOUS BY-LAW
By-law 2005-21 of the Corporation and its amendments are hereby repealed.
Read a first, second and third time and passed in open Council this 5 day of
th
November, 2012.
"Original Signature on File"
_______________________________
MAYOR
"Original Signature on File"
______________________________
CAO/CLERK TREASURER
By-law # 2012-24
Page 7 of 11
SCHEDULE "A"
TO
BY-LAW 2012-24
PERMIT FEES
The fees payable by the applicant for a building/demolition permit are outlined below.
A processing fee of $35.00 will be automatically added to all permit fees.
For additions, renovations, change of use or new construction over 300 square feet a
deposit fee of $200.00 will be added to the permit fee. This fee will be refunded once
the final occupancy has been granted.
1)
New buildings, alterations, additions, re-erection and repairs, etc.:
a)
value of construction costs
per $1,000.00 or part thereof
$13.00
b)
demolition permit fee
$40.00 / 1,000 square ft or
portion thereof whichever is
greater
c)
prefab storage shed permits
$50.00
2)
Installation and/or removal of underground
tanks and pumps (gasoline, diesel, fuel,
oil, water, etc.)
$160.00
3)
Moving Permit:
a)
for buildings/structures having gross
floor area less than 300 sq. ft.
$ 50.00
b)
for buildings/structures have gross
floor area of 300 sq. ft. or more
$100.00
4)
Deposit Fee - Upon the direction of the Chief Building Official, a deposit fee as
hereinafter provided may be requested to cover the following:
a)
site clean-up
b)
road clean-up or repair
c)
drainage ditch clean-up
d)
municipal storm sewer clean-up
e)
re-instate municipal services
After verification by the Municipal Official as to contractors discharge of duties in
relation to reason for deposit request, such deposit shall be returned. In the
event municipal employees are required to restore or clean-up or re-instate
municipal properties or services, such costs or portion of costs shall be deducted
from the deposit fee and the balance refunded.
5)
Exemptions:
Buildings and/or structures or any part thereof that are exempt from assessment
by virtue of paragraphs 3, 9, 10 and 19 of Section 3 of the Assessment Act, R. S.
By-law # 2012-24
Page 8 of 11
O. 1970, for example, churches and municipal properties and amendments
thereof are exempt from permit fees but all other aspects of municipal, provincial
and all other codes, regulations and by-laws must be adhered to in their entirety.
6)
Conditional Permit
a)
value of construction costs per $1,000.00 or
part thereof, with a minimum of $1,000.00,
plus a refundable deposit to be determined
by the Chief Building Official
$ 15.00
7)
Change of Use Permit
a)
non-refundable application fee
$ 80.00
8)
Plumbing Permit
a)
1 to 6 fixtures
$ 40.00
b)
each additional fixture
$ 8.00
c)
additions or changes to each existing fixtures
$ 8.00
d)
connection to municipal water system
(for example sprinkler system)
$ 40.00
9)
Amendments to Permits (within same calendar
month)
a)
minimum fee or
$ 80.00
b)
value of amended construction costs
per $1,000.00 but the fee shall be not less
than $80.00
$ 10.00
10)
Re-inspections
a)
on interior or final inspections where the
work is not complete for the requested
inspection
$ 80.00
11)
Boat Dock Permits
$ 50.00
12)
Request for Inspection
$ 50.00
13)
Detached buildings
a)
under 108 square feet
No charge.
14)
Calculation of Estimated Values
a)
dwelling units per square feet of
floor area
$154.00
b)
two storey or more and addition,
per square feet of floor area
$128.00
c)
detached storage building and
detached residential garages, per
square feet
$ 31.00
d)
carports per square feet
$ 31.00
e)
commercial and industrial buildings
(shell only) per square feet of gross area
$ 92.00
f)
commercial buildings/mercantile/office/
restaurant/etc/ per square feet of
gross floor area
$184.00
By-law # 2012-24
Page 9 of 11
g)
decks, porches, gazebos per square
feet of gross area
$ 16.00
h)
solariums, sunrooms per square feet
$ 97.00
I)
installation of siding per dwelling unit
$ 41.00
j)
windows and doors per dwelling unit
$ 41.00
(Permit is not required for replacing windows and doors with same size, if
replacing with different size, permit is required.)
k)
pool enclosures
$ 72.00
l)
installation of storage tanks
$164.00
m)
new solid fuel burning appliance inspection
per appliance
$ 41.00
n)
commercial roofs
$ 16.00 per thousand sq.
ft.
o)
steel roof (residential)
$ 51.00
p)
tents over 645 square feet
(air supported/public assembly)
$ 56.00
q)
repairs, renovations and material alterations
not readily identified by the above criteria
will require written estimates from a
contractor
Value to be determined
by the Chief Building
Official
r)
special provisions, the Chief Building Official
may, for any of the above or where there is
a dispute, calculate the estimated value at
his discretion, based on written estimates
provided by a contractor
s)
building permit fee for construction commencing
without a permit is 1.5 times the required fee as
stated in appendix "A" of this By-law.
15)
If a building permit has been issued and applicable fees paid, project have not
commenced, fees may be refunded as follows:
a)
80 percent (80%) if administrative functions only have been performed.
b)
70 percent (70%) if administrative and zoning functions only have been
performed.
c)
45 percent (45%) if administrative, zoning and plans examination
functions have been performed.
d)
35 percent (35%) if the permit has been issued and no field inspections
have been performed subsequent to permit issuance.
By-law # 2012-24
Page 10 of 11
SCHEDULE "B"
TO
BY-LAW 2012-24
LIST OF PLANS OR WORKING DRAWINGS TO ACCOMPANY APPLICATIONS FOR
PERMITS
1.
Site Plan (two sets of plans)
2.
Floor Plans (two sets)
3.
Foundations Plans (two sets)
4.
Framing Plans (two sets)
5.
Roof Plans (two sets)
6.
Reflected Ceiling Plans (two sets)
7.
Sections and Details (two sets)
8.
Building Elevations (two sets)
9.
Electrical Drawings (two sets)
10.
Heating, Ventilation and Air Conditioning Drawings (two sets)
11.
Plumbing Drawings (two sets)
12.
Fire Alarm and Sprinkler Plans (two sets)
The Chief Building Official may specify that not all of the above mentioned plans are
required to accompany an application for a permit.
By-law # 2012-24
Page 11 of 11
SCHEDULE "C"
TO
BY-LAW 2012-24
Form 1
Application for a Permit to Construct or Demolish
Form 2
Application for Change of Use Permit (1)
Form 3
Order Requiring Tests and Samples
Form 4
Change of Use Permit
Form 5
Stop Work Order
Form 6
Order to Uncover
Form 7
Order Not to Cover or Enclose
Form 8
Order to Comply