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THE MUNICIPALITY OF NORTH PERTH
BY-LAW NO. 7-2023
A By-law respecting Construction, Demolition and
Change of Use Permits, Site Alteration and Inspections
WHEREAS Section 7 of the Building Code Act, S.O. 1992, c. 23, as amended, empowers
municipal councils to pass by-laws respecting construction, demolition and change of use
permits and inspections and related matters;
AND WHEREAS Section 35 of the Building Code Act, S.O. 1992, c. 23, as amended
provides that Act and the Building Code supersede all municipal by-laws respecting the
construction or demolition of buildings;
AND WHEREAS Section 3(1) of the Building Code Act, S.O. 1992, c. 23, as amended
provides that the council of each municipality is responsible for the enforcement of this Act
in the municipality;
AND WHEREAS Section 3(2) of the Building Code Act, S.O. 1992, c. 23, as amended
provides that the council of each municipality shall appoint a Chief Building Official and
such inspectors as are necessary for the enforcement of this Act in the areas in which the
municipality has jurisdiction;
AND WHEREAS Section 142 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a Municipality to pass by-laws to prohibit, regulate or require a Permit for, and
impose conditions upon, the placing or dumping of Fill, removal of Topsoil or alteration of
the grade of land;
NOW THEREFORE the Council of The Municipality of North Perth enacts as follows:
1.
CITATION AND DEFINITIONS
1.1
Short Title
This by-law may be cited as the "Building By-law".
1.2
Definitions
In this by-law,
a)
"Act" means the Building Code Act, S.O. 1992, c. 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 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 regulations made under Section 34 of the Act;
g)
"Chief Building Official" means the Chief Building Official (CBO) appointed
by the by-law of the Municipality of North Perth for the purposes of
enforcement of the Act and this by-law;
h)
"Complete application" means a building permit application in accordance
with Article 1.3.1.2 Division C of the Building Code, submitted with all required
approvals appended in order to comply with the building permit timelines as
noted in Article 1.3.1.3 Division C of the Building Code;
i)
"Conditional permit" means a permit issued by the Chief Building Official
under subsection 8(3) of the Act;
j)
"Construct" means construct as defined in subsection 1(1) of the Act;
k)
"Corporation" means the Municipality of North Perth;
l)
"Demolish" means demolish as defined in subsection 1(1) of the Act;
m)
"Farm Building" means a farm building as defined in the Building Code;
n)
"Final Occupancy" means when all outstanding items on a partial Occupancy
including grading have been completed;
o)
"Owner" means, in respect of the property on which the construction is to take
place, the registered owner of the land and, except for conditional permits,
may include a lessee, mortgagee in possession and the person acting as the
owner's authorized agent;
p)
"Partial Occupancy" means a permit issued to allow occupancy of a building
prior to its completion in accordance with Article 1.3.3.2 Division C of the
Building Code;
q)
"Partial Permit" means a permit issued by the chief building official to
construct part of a building;
r)
"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 or, in the
case of an occupancy permit, to occupy a building or part of a building or parts
thereof;
s)
"Permit Holder" means the person to whom the permit has been issued and
who assumes the primary responsibility for complying with the Act and the
Building Code;
t)
"Plumbing" means plumbing as defined in Section 1(1) of the Act;
u)
"Residential construction site" means any construction site in respect of
which a building permit has been issued for the construction of a new building
consisting of a single dwelling unit where such excavation is within 2 m of
another occupied dwelling unit except where the site is within a registered
plan of subdivision which subdivision is being developed for the first time;
v)
"Site Alteration" means activities such as the removal of Topsoil from land,
the placement or dumping of fill on land, the alteration of the grade of land,
the change is grade or drainage patterns on the land ,or excavation by any
means, including the clearing or stripping of vegetation from the land, the
compaction of soil or the creation of impervious surfaces, or any
combination of these activities, and "alter" or "alteration" has a
corresponding meaning;
w)
"Sewage System" means a sewage system as defined in Section 1(1) of the
Regulations
1.3
Terms not defined in this By-law shall have the meaning ascribed to them in the Act
or the Building Code.
2.
CLASSES OF PERMITS
Classes of permits required for any stage of construction, demolition, change of use,
occupancy of a partially complete building, conditional permits, site alteration permit
and other classes as set forth in Schedule "A" appended to and forming part of this
by-law.
3.
REQUIREMENTS FOR PERMIT APPLICATIONS
3.1
General Requirements
3.1.1 Every permit application shall meet the minimum requirements of this section and
shall:
a) be submitted by an applicant;
b) be made in writing to the Chief Building Official on forms prescribed by the
Province of Ontario or when no form is prescribed, on a form prescribed by the
Chief Building Official; and
c) be accompanied by the required fees calculated in accordance with the
Municipality of North Perth's Fees and Licenses By-law.
3.1.2 To be considered a complete application, every permit application shall be
accompanied by the approval documents issued by the agencies responsible for the
applicable laws listed in the building code, where those agencies issue approval
documents and the law applies to the construction or demolition being proposed.
3.1.3 An application for a permit may be refused by the Chief Building Official where it is
not a complete application.
3.1.4 The Chief Building Official may, as deems appropriate, provide prescribed forms in
an electronic format and may allow for the electronic submission of completed permit
application forms.
3.1.5 Notwithstanding subsection 3.1.4, completed forms generated electronically or
submitted through the Municipality's website shall be subject to the endorsement of
the applicant.
3.1.6 The Chief Building Official may deem an application for a permit to have been
abandoned and cancelled six months after the date of filing, unless such application
is being seriously proceeded with.
3.2
Application for Permit
To obtain a permit an applicant shall file a "complete application" in writing on forms
regulated by the Province of Ontario and those required by the Chief Building Official.
Every application for a permit shall be submitted to the Chief Building Official, and
contain the information listed in Schedule D.
3.2.1 Construction Permit
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" including the estimated valuation of the proposed work including
material and labour and signed by the applicant, who shall certify as to the
truth of the contents of the application;
(b)
include two complete sets of plans, specifications, forms, documents and
other information required by Article 1.3.1.3 Division C of the Building Code,
and as prescribed in this by-law for the work to be covered by the permit;
(c)
include the proposed or existing occupancy of all parts of the building; and
(d)
include the required fee as prescribed by The Municipality of North Perth's
Fees and Licenses By-law.
3.2.2
Demolition Permit
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 a Permit to Construct or
Demolish" accompanied by proof satisfactory to the Chief Building Official that
arrangements have been made with the property authorities for the
termination and capping of all the water, sewer gas, electric, telephone or
other utilities and services and describing the method of demolition, including
the methods of discarding waste material and location of where waste
material is to be taken. Approval shall be obtained from the Manager of
Environmental Services prior to disposing at the municipal landfill site;
(b)
include two complete sets of plans, specifications, forms, documents and
other information required by Article 1.3.1.3 Division C of the Building Code,
and as described in this by-law for the work to be covered by the permit;
(c)
include the existing occupancy of all parts of the building;
(d)
include the required fee as prescribed by the Municipality of North Perth's
Fees and Licenses By-law.
3.2.3 Conditional Permit
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 a Permit to Construct or
Demolish";
(b)
include two complete sets of plans, specifications, forms, documents and
other information required by Article 1.3.1.3 Division C of the Building Code
and as described in this by-law for the work to be covered by the permit;
(c)
include the proposed or existing occupancy of all parts of the building;
(d)
include the required fee as prescribed by The Municipality of North Perth's
Fees and Licenses By-law.
(e)
state the reasons why the applicant believes that unreasonable delays in
construction would occur if a conditional permit is not granted;
(f)
state the necessary approvals, which must be obtained in respect of the
proposed building and the time in which such approvals will be obtained;
(g)
include an agreement in writing by the applicant and such other persons as
the Chief Building Official determines with the Corporation dealing with the
matters required pursuant to Section 8(3)(c) of the Building Code Act; and
(h)
state the time in which plans and specifications of the complete building will
be filed with the Chief Building Official.
3.2.4 Change of Use Permit
Where application is made for a Change of Use permit issued under Subsection
10(1) of the Act, the application shall be submitted to the Chief Building Official and
shall:
(a)
use the provincial application form, "Application for a Permit to Construct or
Demolish";
(b)
describe the building in which the occupancy is to be changed, by a
description that will readily identify and locate the building;
(c)
identify and describe, as required by the Chief Building Official, the current
and proposed occupancies of the building of part of a building for which the
application is made;
(d)
include, as may be required by the Chief Building Official, plans and
specifications which show the current and proposed occupancy of all parts of
the building and which contain sufficient information to establish compliance
with the requirements of the Building Code, as amended including floor plans,
details of walls, ceiling and roof assemblies identifying required fire resistance
ratings and load bearing capacities and details of the existing sewage system,
if any;
(e)
include the required fee as prescribed by The Municipality of North Perth's
Fees and Licenses By-law;
(f)
state the name, address and telephone number of the owner; and
(g)
be signed by the owner or his or her authorized agent who shall certify the
truth of the contents of the application.
3.2.5 Plumbing Permit
Where application is made for a plumbing 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";
(b)
include the required fee as prescribed by The Municipality of North Perth's
Fees and Licenses By-law.
(c)
include such other information, methods and specifications concerning the
complete project as the Chief Building Official may require.
3.2.6 Sewage System Permit
Every application for a sewage system permit shall be submitted to the Chief Building
Official and contain the following information:
(a)
use the provincial application form, "Application for a Permit to Construct or
Demolish";
(b)
include two complete sets of plans, specifications, forms, documents and
other information required by Article 1.3.1.3 Division C of the Building Code,
and as described in this by-law for the work to be covered by the permit;
(c)
include the required fee as prescribed by The Municipality of North Perth's
Fees and Licenses By-law;
(d)
a site evaluation, which shall include all of the following items, unless
otherwise specified by the Chief Building Official:
(aa)
the date the evaluation was done;
(bb)
name, address, telephone number and signature of the person who
prepared the evaluation;
(cc)
a scaled map of the site showing:
- the legal description, lot size, property dimensions, existing rights-of-
way, easements or municipal/utility corridors;
- the location and clearance of items listed in Article 8.2.1.5 and 8.2.1.6.
of the Building Code;
- the location of the proposed sewage system;
- the location of any unsuitable, disturbed or compacted areas;
- proposed access routes for system maintenance;
- depth to bedrock;
- depth to zones of soil saturation;
- soil properties, including soil permeability; and
- soil conditions, including the potential for flooding.
3.2.7 Site Alteration Permit
A site alteration permit will be required where any works on a site, whether a building
permit is issued or not, except where such site alteration is governed by an
agreement, such as a site plan agreement, or a subdivision agreement.
Applications for a site alteration permit shall include grading and drainage plans
consistent with the requirements of North Perth's "Development Guidelines".
Submissions shall include grading and drainage plans, and where a change in use
will generate more than 4 residential units a stormwater management statement
outlining how stormwater is to be handled. Submissions shall:
- Conform to the site plan provisions of the Servicing Guidelines,
- Provide topographic information on the site and a least 10 m. onto adjacent
sites,
- Provide for positive, piped drainage of all parking areas that may be suitable
for more than 3 vehicles.
3.3
Revision to Permit
After 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 a 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 authorization.
3.4
Plans and Specifications
3.4.1 Sufficient information shall be submitted with each application for a permit to enable
the Chief Building Official to determine whether the proposed construction,
demolition or change of use will conform with the Act, the Building Code, and any
other applicable law.
The Chief Building Official may require, where deemed appropriate, that a
professional engineer and/or architect conduct a peer review for all or part of the
work with the expense to be borne by the applicant.
3.4.2 Each application shall, unless otherwise specified by the Chief Building Official, be
accompanied by two complete sets of the plans and specifications required under
this by-law.
3.4.3 Plans shall be drawn to scale on paper or other durable material, shall be legible
and, without limiting the generality of the foregoing, shall include such information as
set out in Schedule "B" to this By-law unless otherwise specified by the Chief Building
Official.
3.4.4 Site plans shall be referenced to an up-to-date survey and, when 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 property lines and setbacks to any existing or
proposed buildings;
(b)
existing and finished ground levels or grades;
(c)
existing rights-of-way, easements, municipal services and fencing; and
(d)
proposed fire access routes and existing fire hydrant locations.
3.4.5 The granting of a permit, the review of the drawings and specifications or inspections
made by the Chief Building Official or an inspector shall not in any way relieve the
owner of a building from full responsibility for carrying out the work or having the
work carried out in accordance with the requirements of this by-law, the Act and the
Building Code including ensuring that the occupancy of the building, or any part
thereof, is in accordance with the terms of this by-law and the Building Code.
3.4.6 On completion of the construction of a building, the Chief Building Official may
require a set of "as constructed" plans, including a plan of survey showing the
location of the building.
3.5
Equivalents
The Chief Building Official may allow the use of materials, systems and building
designs that are not authorized in the Building Code in accordance with Section 9
(1) of the Ontario Building Code Act.
4.
FEES
4.1
Fees for a required permit shall be as prescribed in The Municipality of North Perth's
Fees and Licenses By-law.
4.2
Where application is made for a conditional permit, the conditional application fee
set out in The Municipality of North Perth's Fees and Licenses By-law shall be
payable at application for permit and in addition to this fee prior to issuance of the
conditional permit the applicable construction permit fee as set out in The
Municipality of North Perth's Fees and Licenses By-law shall be paid for the
complete project.
4.3
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 issued under
Subsection 8(3) of the Act are based on a floor area, floor area shall mean the total
floor space of all storeys including storeys below the first storey (except the
unfinished floor area below the first storey in single family dwellings) measured as
the horizontal area between the outside surface of all the exterior walls of the
building.
4.4
With respect to an application for a change of use permit issued under Subsection
10(1) of the Act the change of use permit fee listed in The Municipality of North
Perth's Fees and Licenses By-law shall be utilized when no construction is proposed
or required. When construction is proposed or required and will result in a change
of use the appropriate construction permit fee as set out in The Municipality of North
Perth's Fees and Licenses By-law shall be utilized.
4.5
With respect to an application for a site alteration permit issued is listed in the
Municipality of North Perth's Fees and Licenses By-law shall be utilized where any
works on a site, whether a building permit is issued, or not, except where such site
alteration is governed by an agreement such as a site plan agreement, or a
subdivision agreement.
4.6
The Chief Building Official shall determine permit fees not described or included in
the Municipality of North Perth's Fees and Licenses By-law.
4.7
Refund of Fees
In the case of withdrawal of an application or the abandonment of all or a portion of
the work or the non-commencement of any project, the Chief Building Official shall
determine the amount of paid permit fees that may be refunded to the applicant, if
any, as set out in the Municipality of North Perth's Fees and Licenses By-law.
Subject to subsection 7(1) of the Act, there shall be no refund of permit fees where
a permit has been revoked, except where the permit was issued in error or where
the applicant requests revocation no more than six months after the permit is issued.
In such cases the amount of the refund shall be calculated in accordance with the
Municipality of North Perth's Fees and Licenses By-law.
5
LOT GRADING AND SITE ALTERATION DEPOSIT
A lot grading deposit, as prescribed by the Municipality of North Perth's Fees and
Licenses By-law shall be required where new building construction is proposed on a
vacant lot or where a demolition permit has been issued for the purpose of
reconstruction of a new building on a lot where no lot grading deposits are prescribed
under a separate agreement or by-law.
To receive a refund for the lot grading deposit, less administration cost, an
engineered survey showing the lot grading must be submitted to Development and
Protective Services and approved by Chief Building Official.
A site alteration deposit, as prescribed by the Municipality of North Perth's Fees and
Licenses By-Law shall be required as per 3.2.7 of this agreement.
The applicant is responsible for all third-party costs incurred by the municipality for
the review and approval of this application including but not limited to planners,
engineers, solicitors, consultants, agencies, and conservation authorities. These
costs will be invoiced to the applicant. If the recoverable amounts have not been
paid prior to the end of the development, the Municipality will take these funds from
the site alteration deposit.
To receive a refund for the site alteration deposit, Schedule 'C' of this agreement
must be completed and submitted to the CBO for approval.
6.
NOTICE REQUIREMENTS FOR INSPECTIONS
With respect to "additional notices" under Article 1.3.5.2 Division C. of the Building
Code, the owner or an authorized agent shall notify the Chief Building Official or an
inspector at least two business days (48 hours) in advance of the stages of
construction listed in clauses 1.3.5.1 Division C of the Building Code.
7.
TRANSFER OF PERMIT
Permits are non-transferable without written consent of the Chief Building Official
and a Transfer of Permit being issued.
8.
FENCING
8.1
Where a construction site may present a hazard to the public, the owner of the
construction site shall ensure that the construction site is suitably fenced to prevent
access onto the construction site.
8.2
If fencing has not been provided in accordance with the above clause and, if in the
opinion of the Chief Building Official, the construction site presents a particular
hazard to the public, the Chief Building Official may in writing require the owner and
the permit holder to erect such fencing as he/she deems appropriate to the
circumstances such as described in the National Building Code, Section 8.2.
8.3
In considering the hazard presented by a construction site and the necessary
fencing, the Chief Building Official shall have regard for;
(a)
the proximity of the construction site to occupied dwellings;
(b)
the proximity of the construction site to lands accessible to the public;
(c)
including but not limited to streets, parks and commercial and institutional
activities;
(d)
the hazards presented by the construction activities and materials;
(e)
the feasibility and effectiveness of the site fencing; and
(f)
the duration of the hazard.
9.
SITE ALTERATION
9.1 No Person shall place or dump any Fill, remove any Topsoil or otherwise alter the
Grade of land by causing or permitting any other form of Site Alteration on land within
the Municipality.
9.2
The issuance of a Permit does not relieve the Owner from any responsibility to obtain
all other approvals that may be required from any level of government or authority
having jurisdiction or any agencies thereof.
9.3 Site alteration on any lands shall only be performed at the request and with the
consent of the owner of the land being altered.
9.4
Site Alteration must::
a. Comply with the Municipality's Noise By-law;
b. During any weather conditions where the ability to mitigate Site Alteration
activity impacts is severely compromised (e.g. heavy rain, wind, thick fog,
etc.); and
c. During any situation where site alteration activities would likely adversely
impact adjacent landowners
9.5
No Person shall perform a Site Alteration on any lands except in accordance with
the Municipality's Official Plan Polices, Zoning By-law as amended and any
applicable Provincial Plans,
9.6 Site alteration is prohibited if it would result in any of the following:
a. Adverse erosion and environmental impacts on and off-site;
b. Blockage of a swale, ditch or watercourse;
c. Siltation in a watercourse, wetland or storm sewer;
d. Transportation of silt to adjacent, neighbouring or downstream properties;
e. Pollution of a watercourse;
f. Flooding or ponding on adjacent lands;
g. Flooding or ponding caused by a watercourse overflowing its banks;
h. Hindering the orderly development of any lands;
i. Detrimental effect on the quality and quantity of water in a well;
j. Detrimental effect on any trees of a caliper of 75mm dbh or more located on
the lands;
k. Detrimental effect on matters of inherent biological sensitivity such as, but not
limited to aquifer recharge, soil permeability, water quality, and wildlife habitat;
l. Unauthorized injury or destruction of Municipal trees or other trees protected
under any other applicable by-laws of the Municipality or County;
m. Injury or destruction of other trees, which in the opinion of the Manager of
Operations could reasonably be avoided;
n. A loss or detrimental effect on the natural environment, including but not
restricted to lands designated as environmentally significant, however expressed
in Official Plans or Zoning By-laws, including designations of areas as
environmentally sensitive, environmental protection, as being of environmental
concern and as being ecologically significant;
o. A detrimental effect to the growth and or harvest of fruit, vegetables or crops,
landscaping and gardens;
p. A detrimental effect to the visual amenities of the land such that it constitutes
an unreasonable interference with enjoyment of property;
q. A detrimental effect on areas of archaeological significance; or
r. Contamination of or the degradation of the environmental quality of land
10.
PRESCRIBED FORMS
The forms prescribed for use shall be regulated by the Province of Ontario and the
Chief Building Official
11.
APPOINTED DESIGNATE
This by-law shall not be deemed to limit the appointment of a designate who may
perform or execute any authority of the Chief Building official where authorized by
the Act, provided such designate, where required, is duly appointed by by-law under
the Act.
12.
PENALTY CLAUSE
Section 36 of the Building Code Act provides that a person is guilty of an offence
under the Building Code Act if a person contravenes the Building Code Act, the
regulations or this by-law.
13.
REPEAL CLAUSE
By-law 46-2014 of The Municipality of North Perth is hereby repealed.
READ A FIRST AND SECOND TIME this ______ day of _________________, 2023
READ A THIRD TIME A FINALLY PASSED this _________ day of ____________, 2023
Todd Kasenberg, Mayor
Lindsay Cline, Clerk
THE MUNICIPALITY OF NORTH PERTH
SCHEDULE "A" to BY-LAW NO. 7-2023
1.
Building Permit (Building Code Act, Section 8(1)) may be issued for all types of
construction governed by the building code and may include plumbing, farm
buildings, change of use, sewage systems and heating, ventilating and air
conditioning systems.
2.
Partial Building Permit (Building Code Act, Section 8(1)) (Partial permits are
appropriate where the construction authorized by the permit complies with the Act,
Building Code and other applicable laws):
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 that portion of the building or 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, such permit shall not be
construed to authorize construction beyond the plans for which approval was given
nor that, approval will necessarily be granted for the entire building or project
3.
Conditional Permit may be issued by the Chief Building Official in accordance with
Section 3.2.3 of this by-law.
4.
Change of Use Permit may be issued where a change in use of a building or part of
a building would result in an increase in hazard as determined under Section
2.4.1.2(1) of the Building Code even though no construction is proposed.
5.
Sewage System Permit is required for all Classes of Systems as defined in Section
8.1.2.1(1),(a),(b),(c),(d) and (e), Classification of Systems in the regulations.
6.
Sign Permit may be issued in respect of the structural requirements for signs
contained in Section 3.14 of the Building Code.
7.
Special Building Permit may be issued for all types of construction governed by the
building code and may include plumbing, farm buildings, sewage systems, signs,
change of use and heating, ventilating and air conditioning systems at the discretion
of the Chief Building Official where construction or change of use has commenced
prior to the issuance of the permit.
8. Site alteration permit may be issued where any works on a site, whether a Building
permit is issued or not, except where such site alteration is governed by an
agreement such as a site plan agreement or a subdivision agreement.
THE MUNICIPALITY OF NORTH PERTH
SCHEDULE "B" to BY-LAW NO. 7-2023
LIST OF PLANS, SPECIFICATIONS, DOCUMENTS AND OTHER INFORMATION TO
ACCOMPANY APPLICATIONS FOR PERMITS
Plans
1.
Ontario Land Surveyors Plans;
2.
Plan of the site (Site Plan if applicable);
3.
Contour of Grade Plans;
4.
Drainage Plans;
5. Grading, Drainage and Stormwater Management Plans as required where site
alterations are proposed.
6.
Foundation Plans;
7.
Architectural Plans;
8.
Structural Plans;
9.
Mechanical and Electrical Plans;
10.
Reinforced Concrete Plans;
11.
Chimney and Fireplace Plans;
12.
Renovation and Alteration;
13.
as Constructed Plans;
14.
Fire Alarms or Evacuation Plans (within buildings);
15.
Fire Protection Plans - showing the type of fire assemblies, fire separations, fire
compartments; and fire resistance ratings within buildings;
16.
Schematic Plans - showing the type, location and operation of all building fire
emergency systems;
17.
On-Site Sewage Systems Plans;
Specifications
1.
Specification on entrances to the property with necessary approvals in writing;
2.
Specifications on sewer system and water supply whether Municipal or private,
with necessary written approvals;
3.
Specifications on the proposed occupancies;
4.
Specifications on building materials or a method of construction, and may require
to be submitted by a registered professional engineer;
5.
Specifications on soils investigations;
6.
Specifications on any other applicable law as set out in Section 8(2)(a) of the
Building Code Act, as amended;
Documents
1.
Trade Certificate and Certification of Qualification.
Other
Any other information as may be relevant to prove compliance with the application and
code.
NOTE: The Chief Building Official may specify that not all the above mentioned plans,
specifications, documentation and other information are required to accompany an
application for a permit.
THE MUNICIPALITY OF NORTH PERTH
SCHEDULE "C" to BY-LAW NO. 7-2023
OWNER'S FINAL GRADING CERTIFICATE
The undersigned hereby certifies to the Municipality of North Perth (the "Municipality") that the
foundations of the buildings and structures and any openings in any such foundation walls
constructed on the following property:
CIVIC ADDRESS:
LEGAL DESCRIPTION:
Municipality of North Perth
Have been constructed, at or above the elevations illustrated on the overall Certified Building Lot
Site Plan (as approved by or on behalf of the Municipality) referred to in the Agreement registered
against the title to the above property as shown on the as-built grading survey attached.
The undersigned further certifies to the Municipality that a field survey has been completed by the
undersigned and that:
1. The final grading of the above referred to property has been completed in substantial
compliance with the Certified Building Lot Site Alteration Permit referred to in the Agreement.
2. The grade elevation of all lot boundaries and corners including the front lot corners of the
property are in substantial compliance with the Certified Building Lot Site Alteration Permit; and
3. The above lot has been graded to provide positive drainage in the front, rear and sideyard and
that there is no area of the property which is subject to ponding of water; and
4. That in all cases, the final grading conforms to the intent of the grading plan.
5. That all works identified in the Site Alteration Permit are constructed in substantial compliance
with the Site Alteration Permit referred to in the Agreement.
This certificate is given and delivered to the Municipality in full knowledge that the Municipality relies
on this certification in providing a release of the applicable Agreement affecting the property.
Signature of OLS/Professional Engineer
Date:
NOTE: Copies of this Owner's Final Grading Certificate are available at the North Perth's
Development and Protective Services office.
THE MUNICIPALITY OF NORTH PERTH
SCHEDULE "D" to BY-LAW NO. 7-2023
A How to Guide for filling out the Provincial
Building Permit Application Form
INTRODUCTION
Building and plumbing permits are required to
ensure construction is completed as prescribed
by the Ontario Building Code. This guide will help
you through the application process to help you
get a permit before construction begins.
The Ontario Building Code sets out what is
required for a permit application. The following
are the main requirements for an application:
1) Completed application form,
2) Schedule 1 or 2,
3) Authorization from the owner if you are
not the owner, and are making an
application on their behalf,
4) Payment of permit fees,
5) Applicable law approvals if required,
6) Required Drawings.
A complete application will allow the building
department to review (10 business days for most
single-family dwelling projects). Complete
applications help expedite the process and
reduce the new for follow; incomplete
applications may delay the permit issuance.
After the review is complete and the permit
issued and picked up, construction can begin.
APPLICATION FORM
The following is a short description of the sections of the application form with examples.
A. Project Information
This section is where the
applicant
describes
the
project/location.
It
is
required that the address
be properly identified in
this section. Also, it is
required
to
write
the
construction
value
estimate.
B. Purpose of
Application
This section describes the
reason
of
the
permit
application with a "X" mark
beside the purpose. Also
indicate the current and
proposed
use
of
the
building and a description
of the work to be done.
C. Applicant
This section identifies who
is applying for the permit
and
provides
contact
information so that we
reach you (Name, address
and phone number). If an
email and fax number are
available, please include
them on the form.
D. Owner (if different
from applicant)
If the applicant is not the
owner
of
the
building/property,
it
is
required to give the contact
information of the owner.
This also requires the
application
to
get
authorization
from
the
owner to apply for a
permit. Please see the
authorization form.
Sample
Application submitted to: MUNICIPALITY OF NORTH PERTH
(Name of Municipality, board or health or conservation)
A. Project Information
Building Number, Street Name
1234 GUMDROP LANE
Unit Number
Lot/Con
Municipality
NORTH PERTH
Postal Code
N4W 1Y4
Plan Number/Other Description
PLAN 01, LOT 7
Project Value Est. $
$640,000.00
Area of Work (m2 )
2,587 sq ft
B. Purpose of Application
New Construction Addition to an Existing Building Alteration/Repair Demolition Conditional Permit
Proposed use of building
SINGLE DETACHED
Current use of building
SINGLE DETACHED DWELLING
Description of proposed work
RENOVATE MAIN FLOOR AND SECOND FLOOR
C. Applicant
Applicant is: Owner or Authorized agent of owner
Last Name
DOE
First Name
JOHN
Corporation or Partnership
Street Address
1234 GRUMDROP LANE
Unit Number
Con/Lot
Municipality
NORTH PERTH
Postal Code
N4W 1Y4
Province
Email
jdoe@email.ca
Telephone Number
Fax
Cell Number
(519)123-4567
D. Owner (if different from applicant)
Last Name
SAME AS APPLICANT
First Name
Corporation or Partnership
Street Address
Unit Number
Lot/Con
Municipality
Postal Code
Province
Email
Telephone Number
Fax
Cell Number
E. Builder (Optional)
This section is optional for when you know who the builder will be at the time of the application.
F. Tarion Warranty Corporation (Ontario New Home Warranty Program)
This section is to be filled out if the proposed construction is a new home that is defined in the Ontario New
Home Warranties Plan Act. If the project is not a new home, check "No" and move onto Section G
G. Required Schedules
This section identifies the need to provide Schedule 1 and Schedule 2. This will be explained later in the
guide.
H. Completeness and Compliance with Applicable Law
A permit cannot be issued unless all the information that is required is provided as part of the application.
This section is a checklist that shows what is required. If an application is complete, the Municipality will
review the permit within the times. Timelines are not applicable to incomplete applications. A "Yes" indicates
that the information required has been submitted.
- H. Sub-section i)
o If a Yes is marked, it means that:
-
Completed application form is submitted,
-
Required Schedule 1 form is submitted
-
Authorization form, if applicable, is submitted
-
Fees have been paid.
- H. Sub-section ii)
o If a Yes is marked, it means that:
-
Required drawings are submitted, please see further in the
guide for more information.
- H. Sub-section iii)
o If a Yes is marked, it means that:
-
Enough information is provided so that the city can determine if
there are any applicable laws connected to the
building/property.
- H. Sub-section iv)
o If a Yes is marked, it means that:
-
The proposed work will not contravene any other laws (also known
as applicable laws). This will be further discussed later in the
guide
H. Completeness and Compliance with Applicable Law
i) This application meets all the requirements of clauses 1.3.1.3 (5) (a) to (d) of Division C of the
Yes
No
Building Code (the application is made in the correct form and by the owner or authorized
agent, all applicable fields have been completed on the application and required schedules,
and all required schedules are submitted).
Payment has been made of all fees that are required, under the applicable by-law, resolution or
regulation made under clause 7(1)(c) of the Building Code Act, I992, to be paid when the
Yes
No
application is made.
ii) This application is accompanied by the plans and specifications prescribed by the applicable
by-law, resolution or regulation made under clause 7(1)(b) of the Building Code Act, 1992.
Yes
No
iii) This application is accompanied by the information and documents prescribed by the applicable
by-law, resolution or regulation made under clause 7(1)(b) of the Building Code Act, 1992
which enable the chief building official to determine whether the proposed building,
c o n s t r u c t i o n or demolition will contravene any applicable law.
Yes
No
iv) The proposed building, construction or demolition will not contravene any applicable law.
Yes
No
SCHEDULE 1
The Ontario Building Code requires that all designs submitted as part of a permit application are complete by a
qualified person however there are exemptions (refer to the drawing section in the guide for more information). To
identify who completed the design, the Ontario government created a form called the Schedule 1: Designer
Information.
Schedule 1: Designer
Information
A completed Schedule 1 form
is required as part of a permit
application (a sewage system
requires a Schedule 2 form).
If a design can and has been
completed by a home owner,
the owner is the designer and
must fill out the Schedule 1
form. The home owner is
declaring that the work is
exempt
from
registration
since he/she/they are the
property
owner.
For
an
application to be complete,
the entire form must be filled
out.
For Section C, the designer
should input his/her BCIN.
The designer will check the
boxes that apply to the
project, and they must be
qualified to design.
*If you are the homeowner
who completed your own
drawings this section
should be left blank.
For Section D, the designer
is to complete this section
with their qualifications.
*If you are the owner taking
responsibility for the
drawings, check the 3rd
box and exemption for
allowing the work is filled in
as Owner.
Schedule 1: Designer Information
Use one form for each individual who reviews and takes responsibility for design activities with respect to the project.
A. Project Information
Building number, street name
Unit no.
Lot/con.
Municipality
Postal code
Plan number/ other description
B. Individual who reviews and takes responsibility for design activities
Name
Firm
Street address
Unit no.
Lot/con.
Municipality
Postal code
Province
E-mail
Telephone number
( )
Fax number
( )
Cell number
( )
C. Design activities undertaken by individual identified in Section B. [Building Code Table 3.5.2.1. of Division C]
House
Small Buildings
Large Buildings
Complex Buildings
HVAC - House
Building Services
Detection, Lighting and Power
Fire Protection
Building Structural
Plumbing - House
Plumbing - All Buildings
On-site Sewage Systems
Description of designer's work
D. Declaration of Designer
I declare that (choose one as appropriate):
(Print name)
I review and take responsibility for the design work on behalf of a firm registered under subsection 3.2.4. of Division C, of the
Building Code. I am qualified, and the firm is registered, in the appropriate classes/categories.
Individual BCIN:
Firm BCIN:
I review and take responsibility for the design and am qualified in the appropriate category as an "other designer" under
subsection 3.2.5. of Division C, of the Building Code.
Individual BCIN:
Basis for exemption from registration:
The design work is exempt from the registration and qualification requirements of the Building Code.
Basis for exemption from registration and qualification:
I certify that:
1.
The information contained in this schedule is true to the best of my knowledge.
2.
I have submitted this application with the knowledge and consent of the firm.
Date Signature of Designer
SCHEDULE 2
The Ontario Building Code requires that all sewage systems be installed by a qualified installer, but
there is an exemption. To identify who is installing the sewage system, the Ontario government
created a form called the Schedule 2: Sewage System Installer Information.
NOTE:
1.
For the purposes of this form, "individual" means the "person" referred to in Clause 3.2.4.7(1) d). of Division C, Article 3.2.5.1. of Division C,
and
all other people who are exempt from qualification under Subsections 3.2.4. and 3.2.5. of Division C.
2.
Schedule 1 is not required to be completed by a holder of a license, temporary license, or a certificate of authorization, issued by the
Ontario Association of Architects. Schedule 1 is also not required to be completed by a holder of a license to practice, a limited license
to practice, or a
certificate of authorization, issued by the Association of Professional Engineers of Ontario.
Schedule 2:
Sewage
System
Installer
Information
A completed
Schedule 2 form
is required as
part of a
sewage system
permit
application. If
the system is
being installed
by the
homeowner, the
owner must fill
out the
Schedule 2
form. For an
application to be
completed, the
entire form must
be filled in.
Schedule 2: Sewage System Installer Information
A.
Project Information
Building Number, Street Name
Unit Number
Lot/Con
Municipality
Postal Code
Plan Number/Other Description
B.
Sewage system Installer
Is the installer of the sewage system engaged in the business of constructing on-site, installing, repairing, servicing, cleaning or
emptying sewage systems, in accordance with Building Code Article 3.3.1.1, Division C?
Yes (Continue to Section C) No (Continue to Section E) Installer unknown at the time of application
(Continue to Section E)
C.
Registered Installer Information (Where answer to B is "Yes")
Name
BCIN
Street Address
Unit Number
Lot/Con
Municipality
Postal Code
Province
Email
Telephone Number
Fax
Cell Phone
D.
Qualified Supervisor Information
Name of Qualified Supervisor(s)
Building Code Identification Number (BCIN)
E.
Declaration of Applicant:
I _______________________________________________________________________ declare that:
(Print name)
I am the applicant for the permit to construct the sewage system. If the installer is unknown at time of application, I shall
submit a new Schedule 2 prior to construction when the installer is known.
OR
I am the holder of the permit to construct the sewage system, and am submitting a new Schedule 2, now that the installer is
known.
I certify that:
1.
The information contained in this schedule is true to the best of my knowledge.
2.
If the owner is a corporation or partnership, I have the authority to bind the corporation or partnership.
_____________________________ ______________________________________________
Date Signature of Applicant
REQUIRED DRAWINGS
One of the most crucial components of a building permit application is the associated drawings. These
drawings allow the department(s) to review the proposed project prior to construction. The more complete
the drawings are, the better the review can be, allowing deficiencies to be identified and rectified prior to
construction.
The Ontario Building Code essentially states that all designs forming part of a building permit application
must be prepared by a qualified designer; however, it allows for a few key exemptions. Some of the
exemptions to requiring the use of a qualified designer are:
Construction/renovations to a house by the person who is the owner (not more than 2
dwellings, and with no dwelling above another dwelling) (excluding HVAC).
Deck serving a house, which is owned by the person; and
Accessory building serving a house which is owned by the person, area not more than 50 m2
(538 ft2).
*Note, that the above list is only a short list of examples and that the Ontario Building Code Div. C Part 3
is to be consulted for the exemptions.
Please contact the building department if you require more information on what qualifications are needed
and for help on how to find a qualified designer. A qualified designer will have a Building Code
Identification Number or be a registered member of the Professional Engineers Ontario or Ontario
Association of Architects.
Required Drawings
Although a homeowner may be exempt from requiring a design from a qualified person, if a homeowner
decided to create their own drawings, it is the responsibility of the homeowner to endure that the drawings
contain sufficient information and that the design is to the Ontario Building Code. For this reason, it is
recommended that if the project is more complex than one's ability, that the help from a designer be
considered.
List of plans and working drawings, as defined in the Building Code, required to accompany the application:
Site Alteration Plan
Foundation Plan
Framing Plan
Section and Details
Electrical Plan
Plumbing Plan
Lot Grading Plan
Floor Plans
Roof Plans
Elevation Plan
Heating and Ventilation Plan
Fire alarm, Sprinkler, Standpipe Plan
FREQUENTLY ASKED QUESTIONS
1. What can result from not obtaining a building permit?
Answer: It is unlawful to commence construction without a
building permit. If the work does not comply with the Ontario
Building Code requirements, costly repairs may be required to
gain compliance, removal of work done not in compliance may
be required, the building permit application fee may be
increased, and legal action may be initiated
by the Building Department to gain compliance. If you are still
not certain whether your project requires a building permit,
contact the Building Department. Our staff will be able to assist
you in making that determination.
2. Where can I find information on Ontario Building Code items?
Answer: The Ontario Ministry of Municipal Affairs and
Housing is the governing body that administers the Ontario
Building Code. Their website, available at
https://www.ontario.ca/page/ministry-municipal-affairs-
housing, contains not only building code information, but also
other items as training information and related publication. If
a copy of the Ontario Building Code is desired, it can be
found online through e-laws.
3. How long is a permit valid for?
Answer: The time frame in which the project must be
substantially started is six (6) months. From this point, you
have 1 year to complete the project, or show progress within
the project. If more time is needed, you may write to the Chief
Building Official stating the reasons for requiring an extension
and he may choose to grant more time to complete the project.
If construction has not started within 6 months, or if at any point
construction has stopped for a significant amount of time, the
Chief Building Official may choose to void the permit.
4. What kind of construction does NOT typically require a permit?
Answer: The following is a list of projects that generally do not
require a permit; however, construction must still comply with
the Ontario Building Code and associated Application Laws (for
example, Zoning By-Law):
Re-shingling of a roof
Replacing doors or window of equal size
Kitchen or bathroom cabinets (no plumbing)
New flooring, painting and decorating
Detached accessory buildings less than 10m2 (108 ft2)
Replacement of plumbing fixtures with NO modification to the plumbing
system
Replacement of heating equipment with NO modification to the
distribution system
For more information, contact the Building Department at (519)291-6825