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The Corporation of the Township of North Kawartha
By-law 2022- 0005
Being a by-law of the Corporation of the Township of North Kawartha
Respecting Construction, Demolition and Change of Use Permit and to
repeal
By-Law #2020-067 (Building By-Law)
Whereas Section 7 of the Building Code Act, 1992, S.D. 1992, Chapter 23, as
amended authorizes Council to pass by-laws respecting construction,
demolition and change of use permits and related matters:
And Whereas Section 391 of the Municipal Act, 2001, 5.0. 2001, c.25
authorizes a MunicipaUty to impose fees or charges on persons for services or
activities provided or done by or on behalf of it;
And Whereas the Council of the Corporation of the Township of North
Kawartha desires to repeal By-law #2020-067 and enact a new building by
law for the issuance of permits and related matters, including a fee schedule
for all applicable building permit fees.
Now Therefore the Council of the Corporation of the Township of North
Kawartha do hereby enact as follows:
Part I
-- Definitions
1.
For the purposes of this By-law, the following definitions and
interpretations shall govern:
a) "Act" means the Building Code Act, 1992, S.D. 1992,
Chapter 23 as amended:
b) "applicant" means the owner of a building or property
whoapplies for a permit, or the person authorized by
the owner to apply for a permit on the owner's behalf;
c) "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.
d) "as constructed plans" means as constructed plans
asdefined 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 Council under Section 2 of the Act for
purposes of enforcement of the Act;
h) "Construct' means to construct, or cause to construct, a
building as defined in Section 1(1) of the Act:
i)
"Corporation" means the Corporation of the Township
of North Kawartha;
j)
"demolish" means to do anything in the removal of a
building or any material part thereof as defined in Section
1(1) of the Act:
k) "forms" means the applicable Provincial or
municipal prescribed forms as set out in Schedule
1c3 to this By-law;
I)
"inspector" means an inspector appointed under Section 2 of
the Act:
m) "owner" included, in respect of the property on which the
construction or demolition will take place, the registered
owner, a lessee and a mortgage in possession:
n) "permit' means written permission or written authorization
from the Chief Building Official to perform work regulated
bythis 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:
o) "plumbing" means plumbing as defined in Section 1(1)
of the Act:
p) "professional engineer" means a person who holds
a license or a temporary license under the
Professional Engineer's Act;
q) "registered code agency" means a person or entity that has
the qualifications and meets the requirements described in
subsection 15.11(4) of the Act:
r)
"regulations" means regulations made under the Act;
s) "sewage system" means a sewage system as defined
in Division A 1.4.1.2. (1);
t)
"work" means construction or demolition 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.
Part II
- Class of Permit
3. Classes of permits with respect to the construction, demolition
and change of use of buildings and permits fees shall be as set
out in Schedules "A" and "B"to this By-law.
Part Ill
- Permit Application
4. To obtain a permit, the owner or an agent authorized in writing by
the owner shall file with the Chief Building Official an application
in the prescribed Municipal Forms as set out in Schedule "C" to this
By-law or by using the CloudPermit software.
General Requirements
5.
All applications for a permit, in addition to meeting all other
application requirements set out in this By-law, shall:
a) identify and describe in detail the work, use and
occupancy to be covered by the permit for which
the application is made;
b) identify and describe in detail the existing uses and
the proposed use(s) for which the premises are
intended;
c) include the legal description, the municipal address and
where appropriate the unit number of the land on which
the work is to be done;
d) be accompanied by plans and specifications as described
in this Bylaw;
e) be accompanied by the required fees as calculated
in accordance with Schedules "A" and "B" to this
By- law;
f)
be accompanied by the completed 'Listing of Applicable
Law "form in accordance with Schedule "C" to this By-law
g) state the name, address, email address and telephone
number of the owner, and where the owner is not the
applicant, 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;
h) when Division C, Section 1.2 of the Building Code
applies, 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;
I)
when Division C, Section 1.2 of the Building Code
applies, 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;
j)
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;
and
k) be signed by the owner or authorized agent who
shall certify as to the truth of the contents of the
app Iication.
6.
In addition to the general requirements set out above,
and application for a construction permit shall:
a) use the provincial application form, "Application for
a Permit to Construct or Demolish" or by using
the CloudPermit software;
b) include complete plans and specifications, documents
and other information as required by Division C, Section
1.3.1 of the Building Code and as described in this By
law for the work covered by the permit.
7.
In addition to the general requirements set out above, an
application for a construction permit for part of a building
shall:
a) use the provincial application form, "Application for
a Permit to Construct or Demolish" or by using
the CloudPermit software;
b) include plans and specifications covering the work
for which more expeditious approval is desired,
together with such information pertaining to the
remainder of thework as may be required by the
Chief Building Official;
c) be accompanied by the required fee for the entire
project and required administrative fee for the partial
permit as calculated in accordance with Schedule "A"
to this By-law; and
d) where partial permit is requested the application
is deemed to be incomplete.
8.
In addition to the general requirements set out above,
an application for a demolition permit shall:
a) use the provincial application form, "Application for a
Permit to Construct of Demolish";
b) when Division C. Section 1.2 of the Building Code applies, be
accompanied by a signed statement of field review by the
owner on a form prescribed by the Chief Building Official;
c) include complete plans and specifications, documents and
other information as required by section Division C, Section
1.3.1 of the Building Code and as described in this By-law for
the work to be covered by the permit;
d) be accompanied by satisfactory proof that arrangements
have been made with the proper authorities for the cutting
off and plugging of all water, sewer, gas, electric,
telephone or other utilities and services; and
e) be accompanied by a Property Status Form prescribed by
the Chief Building Official and;
fl
indicate method of demolition.
9.
In addition to the general requirements set out above, an
application for a conditional permit pursuant to subsection 8(3)
of the Act, shall:
a) use the provincial application form, "Application for
a Permit to Construct or Demolish" or by using
CloudPermit software;
b) include complete plans and specifications,
documents and other information as required by
Division C, Section 1.3.1 of the Building Code and as
described in this By-law 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 approval which must be obtained
in respect of the proposed building and the time in
which such approvals will be obtained;
e) state the time in which plans and specifications of
the complete building will be filed with the Chief
Building Official; and
f)
require the owner and such other persons as the
Chief Building Official determines to enter into an
agreement with the municipality.
10. In addition to the general requirements set out above, an application
for a change of use permit shall:
a)
use the application form in Schedule
C" to this By-law,
"Application for a Change of Use" or by using
CloudPermit software;
b)
describe the building in which the use is to
be changed, by a description that will readily
identify and locate the building;
c)
identify and describe in detail the current and
proposed uses of the building or part of a building for
which the application is made;
d)
include plans and specification 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, including:
floor plans, details of wall, ceiling and roof assemblies
identifying required fire resistance ratings and load
bearing capacities and, details of the existing "sewage
system", if any
11. An application for occupancy of an unfinished building
permit pursuant to Division C, Section 1.3.3 of the
Building Code, shall:
a)
use the application form in Schedule "C" to this By
law,"ApplicationforPermitto Occupy a Building Prior to
Completion" or by using CloudPermit software;
b)
indicate the total floor area proposed for occupancy;
c)
include a site evaluation which shall include all of the
following items, unless otherwise specified by the Chief
Building Official; include the date the evaluation was done;
i.
include name, address, email address, telephone
number and signature of the person who
prepared the evaluation;
ii.
a scaled map of the site showing;
A. the legal description, lot size,
property dimensions, existing right-
of-ways,
B. easements or municipal/utility corridors;
C. the location of items listed in Column 1
of Tables 8.2.1.5, 8.2.1 .6.A, 8.2.1.6.3
and 8.2.1.6.C of the Building Code;
D. the location of the proposed sewage system;
E. the location of any unsuitable disturbed
or compacted areas;
F. proposed access routes for
system maintenance;
C. depth to bedrock;
H. depth to zones of soil saturation;
I.
soil properties, including soil
permeability;and
J.
soil conditions, including potential
for flooding.
12.
After the issuance of a permit under the Act notice of any
material change to a plan, specification, document or other
information on the basis of which the permit was issued, shall
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.
13.
Notification of any material change may be in the form of
an application for revision to a permit where changes are
major and may take the form of a revision permit being
issued.
14.
The Chief Building Official may, where the relevant provisions
of this By-law are met, issue a permit for part of a building
subject to compliance with the Act, the Building Code and any
other applicable law.
15.
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.
16.
The Chief Building Official is authorized to enter into
agreements with respect to conditional permits.
17.
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.
18.
Where an application for a permit remains incomplete or
inactive for six months after it is made, the application may
be deemed by the Chief Building Official to have been
abandoned and notice thereof shall be given to the
applicant.
19.
Where an application has been deemed to be
abandoned, a newapplication mustbefiledfor
the proposed work.
Part IV
- Plans and Specifications
20.
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 as set out in
Section 1.4.1.3, Division A, Part 1, 2021 Building Code
Compendium, as amended from time to time.
21.
Each application shall, unless otherwise determined by the Chief
Building Official, be accompanied by one complete sets of
plans and specifications required under this By-law.
22.
Plans shall be drawn to scale, shall be legible and, without
limiting the generality of the foregoing, shall include such
working drawings as set out in Schedule "D" to this By-Iaw
23.
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 municipality unless
this requirement is waived because the Chief Building Official
is 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;
a) lot size and the dimensions of property lines and setbacks
to any existing or proposed buildings;
b) existing and finished ground levels or grades; and
c) existing right-of-way, easements and municipal services.
24.
The Chief Building Official may refuse an application if any of the
above is deemed to be incomplete or insufficient at the timeof
application.
25.
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.
Part V - Prescribed Notice and Inspections
26.
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, Section 1.3.5 of the Building
Coda
27.
Notices shall be given as required by Division C, Section 1.3.5
ofthe Building Code.
Part VI
- Registered Code Agencies
28.
Where the Municipality has entered into agreements with
registered code agencies the Chief Building Official is
authorized to enter into services agreements with registered
code agencies and appoint them to perform specified functions
from time to time pursuant to s. 4.1 of the Act.
Part VII - Fees
29.
The Chief Building Official shall determine the required fees for
the work proposed and the applicant shall pay the fees
calculated in accordance with Schedule "A" and "B' to this By
law. No permit shall be issued until the fees therefore have been
paid in full.
30.
Any person or Corporation who commences construction,
demolition or changes the use of a building before submitting an
application for a permit or before 14 calendar days have elapsed
from the date on which an application for a permit has been
accepted by the municipality unless the permit has already been
issued, shall in addition to any other penalty under the Act,
Building Code or this By-law pay an additional fee equal to
100% of the amount calculated as the regular permit fee, in
order to compensate the Corporation for the additional work
incurred by such early start to work.
31.
Where Fees payable in respect of an application for a
construction or demolition permit issued under Subsection 8(1)
of the Act of a conditional permit issued under Subsection 8(3) of
the Act are based on a floor area, the floor area shall mean the
total floor space of all stories above grade, or below grade for an
underground building, measured as the horizontal area between
the outer face of exterior walls and to the centre of party walls or
demising walls.
32.
Fees payable in respect of the conditional permit issued under
Subsection 8(3) of the Act shall be paid for the complete project
plus the apphcable additional fee in accordance with Schedule 'A"
to this By-law.
33.
Where Fees payable in respect of an application for a change of
use permit issued under Subsection 10(1) of the Act are based
on a floor area, the floor area shall mean the total floor space of
all stories subject to the change of use.
34.
Prior to passing a By-law to change the fees the Township shall:
d) hold at least one public meeting at which any person who
attends has an opportunity to make representation with
respect to the matter;
e) ensure that a minimum of 21 days' notice of the public
meeting is given to every person and organization that has,
within five years before the day of the meeting requested such
notice; and
f)
ensure that the notice includes an estimate of the cost for
administering and enforcing the Act, the amount of the fee
and change to the existing fee and the rationale for
imposing or changing the fee.
35.
Any person or organization wishing to receive notice as set
out above should make such request in writing to the Clerk's
office.
Part VIII
- Changing Permit Fees
36.
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 "B" to this Bylaw.
Part IX - Fencing
37.
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 Clauses 7(1)(i) and 7 (1)0) of
the Act, require the erection of such fencing as the Chief
Building Official deems necessary to abate the hazard.
38.
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.
Part X
- Transfer of Permits
39.
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.
40.
Every application for a transfer of permit shall be submitted to
the Chief Building Official and shall:
a)
use the provincial application form, "Application for a
Permit to Construct or Demolish" or by using
CloudPermit software:
b)
include such information as may be determined by the
Chief Building Official; and
c)
be accompanied by the required fee as required in
Schedule "A" to this By-law.
Part Xl
- Penalty
41.
Every person who contravenes any provision of this By-law is
guilty of an offence and liable:
a) on a first conviction to a fine of not more than $25,000, and
b) on any subsequent conviction, to a fine of not more than
$50,000.
42.
Where the person convicted is a corporation, the maximum
fines are $50,000 on a first offence and $100,000 for any
subsequent conviction.
Part XII
- Miscellaneous
43.
All Schedules to this By-law form part of this By-law.
44.
A reference to the singular or the masculine shall be deemed
torefer to the plural or feminine as the context may require.
45.
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
Part XIII
- Repeal
46
That By-Law #2020-0067 is hereby repealed effective the 1st
day of February, 2022.
Part XIV
- Short Title
47.
This By-law shall be known and may be cited as the 'Building
By-law".
Part XV
- Effective Date
That this By-law shall come into effect on February 1 2022.
Read and Adopted in open Council on the 1 8th day of January 2022.
Signed by Cerolyn Arnyotte i202?1O?J02)
Verify with verifiocom or Adobe Reader.
Carolyn Amyotte, Mayor
Connie Parent
Signed with ConsgnO (burl 12022/02/02)
Verify with verliio.com or Adobe Reader.
Connie Parent, Clerk
Schedule "A" to By-law #2022- 0005
Classification of buildings used
Estimated cost of Construction
for estimating value of construction
per square foot
in the Township of North Kawartha
Residential and Seasonal Dwellings
Single family dwellings and cottage
$200.00
2 storey dwellings and cottages
floor
$200.00
2nd floor
$125.00
Finished basement
$75.00
Attached garage
$55.00
Detached garages and boathouses with
Frost wall
$55.00
Grade slab
$50.00
Wet slip (boathouse)
$75.00
Garage 2nd floor
$70.00
Residential and recreation storage sheds
$25.00
Porches
Roofed in
$60.00
Screened in
$75.00
Glassed in
$90.00
Open decks
Attached
$30.00
Detached
$50.00
Gazebo and open air structures
Including car-ports up to
530 sq. ft. in area
$35.00
Over 530 sq. ft. in area
$45.00
Sleeping cabins (bunkies)
$150.00
Renovations
$45.00
New foundation for relocated building
$35.00
Notwithstanding the above when a seasonal dwelling is constructed with a pier system
foundation rather than a full basement for perimeter foundation, the value of
construction shall be S150.00 per sq. ft.
Commercial
Offices (singular) grocery stores, retail stores
$1 55.00
Retail stores with apartments & offices above
$155.00
Repair Facilities
Includes service stations, marine service and
repair, small engine repair shop, repair garage,
repair shops, automobile body shop
$120.00
Renovation of the above
$55.00/sf
Sales Facilities
Includes automobile show rooms and sale
facilities, marine showrooms and sale
facilities, recreation vehicle sales facilities
$15500
Renovation of the above
$55.00/sf
Industrial
Includes furniture manufacturing, metal
fabrication assembly plants, woodworking
plant or facility
$95.00
Institutions and Services
Includes schools, medical facilities, senior
citizen housing, nursing homes, day care,
churches, meeting rooms, halls, police stations,
detention centres, arenas, lending institutions,
community centres, post offices, libraries,
fire stations
$150.00
Renovations of the above
$70.00/sf
Other Commercial Uses
Hotels, motels, restaurants, taverns,
cafeterias, apartments, office buildings
conference centre
$175.00
Renovations of the above
$75.00/sf
Agricultural Structures (farm)
Any structure utilized in the operation
of a farm requires a permit, ie. livestock
barn, animal shelter, crop storage building,
equipment storage building but not limited
to the above
$45.00
Plumbing Permit
$225.00
Solid Fuel (wood) Permit
$225.00
1
Building permits shall be required for the construction, repair, renovation,
extension and/or enlargement of buildings and structures including
plumbing as well as change of use.
A fee of $12.00 for $1,000 of valuation (or Part thereof). Construction
value is based on the table of Appendix A & B which may be amended
from time to time.
Minimum fee is $22500
2.
Demolition permits
-- a set fee of $150.00
3. Dockfees--asetfeeof$150
4.
Depending on the nature of the proposed work, one or more of these
permits shall be required.
Other Fees
1. Administration fee
-- for entering permits on
owners/applicants behalf in CloudPermit
$100.00
2. Transfer permits
$15000
3.
Order to comply
$150.00
4.
Stop work order
$225.00
5.
Liquor license inspection/approval letter
$75.00
6.
Restaurant inspection/approval letter
$7500
7. Request for inspections/permits older than 10 years
from current date
$150.00
8.
Property standards
$250.00
9.
Renewal fee for permits older than 2 years
$150.00
10. Extra plans review (revised drawings)
$75.00/hour
11. Inspection of any stage of construction more than 2X $150.00
Notwithstanding any of the above fees where an existing building or structure is converted
to a new permitted use, the applicable fee structure applied shall be the fee structure that
is applicable to the end use of the building or structure.
Schedule "B" By-Law 2022-0005
Respecting Refund of Permit Fee
A. The fees that may be refunded shall be a percentage of the fees payable under
this By-law, as follows
I.
80 percent if administrative functions only have been pertormed
ii.
There shall be no refunds of permit fees once a building permit has been
issued.
B. Notwithstanding paragraph A above, no refund shall be made of an amount
$150.00 or less
i.
The foregoing refundable percentage or amount paid do not apply to that
portion of the fees designated re-inspection fees. Fee are totally refundable
when the work has not commenced and application for refund is made within
six (6) months of the building permit issue.
There shall be no refund of any building permit fees where,
i.
A building permit has become null and void;
H.
A building permit has been revoked for non-compliance or any other
reason.
Building fee refunds are payable to the Building Permit holder only, unless written
direction from the building permit holder, indicating otherwise, is received by the Building
Department prior to refund issue.
Schedule "C" to By-law #2022- 0005
Prescribed Forms
Index
Description
1.
Building Permit Application
2.
Application for Permit to Occupy a Building prior to completion
L
3.
Application for a Change of Use
Schedule "D" to By-law #2022- 0005
Plans and Specifications
Plans shall be drawn to scale, shall be legible and including working drawings as identified
herein.
A. Building Plans shall be to scale and include the following as applicable,
(I)
Foundation PlanlBasement Plan;
(ii)
First floor Plan;
(hi)
Second Floor Plan;
(iv)
Heating Ventilation Air Condition (HVAC) design;
(v)
Wall sections and details;
(vi)
Elevation Drawings (4 views); and
(vii)
Any Engineered drawings, materials, products) etc.
B. Site Plan to include, but not limited to, the following
(I)
Be drawn to the appropriate scale
(U)
The boundaries and dimensions of the subject land
(in)
The location, size and type of all existing and proposed buildings
and structures on the subject land) indicating the distance of the
buildings and structures from the front) rear and side yard lot
lines.
(iv)
The approximate location of all natural and artificial features on
the subject land and on land that is adjacent to the subject land
that in the opinion of the applicant may affect the application.
Examples
include,
barns,
buildings,
railways,
roads,
watercourses, drainage ditches, river or stream banks, wetlands,
wooded areas, wells and sewage systems.
(v)
The location, width and name of any roads, within or abutting the
subject land, including Unopened Road allowance, Shoreline
road allowances, public traveled roads and private roads and
right of ways
(vi)
If access to the subject land is by water only, the location of the
parking and docking facilities to be used
(vU)
The location and nature of any easement affecting the subject
land
(i.e.
Ontario
Hydro,
Bell
Canada,
access
roads
or
driveways.