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CORPORATION OF THE VILLAGE OF OIL SPRINGS
BY-LAW NO. 839 OF 2019
BEING A BY-LAW RESPECTING CONSTRUCTION, DEMOLITION, CHANGE
OF USE, INSPECTIONS AND FEES
(This By-law may be cited as the Building By-law)
WHEREAS Section 3(1) of the Building Code Act, 1992. SO. 1992, c. 23 as
amended, mandates that the Council of each municipality is responsible for
the enforcement of this Act in the municipality;
WHEREAS Section 3(5) of the Building Code Act states that the council of an
upper-tier municipality and of one or more municipalities in the upper-tier
municipality may enter into an agreement for the enforcement by the upper-
tier municipality of this Act in the municipalities and for charging the
municipalities the whole or part of the cost;
WHEREAS Section 3(6) of the Building Code Act states that where such
agreement is in effect, the upper-tier municipality has jurisdiction for the
enforcement of this Act in the municipalities that are parties to the agreement
and shall appoint a chief building official and such inspectors as are
necessary for that purpose;
WHEREAS Section 7 of the Building Code Act, empowers Council to pass
certain by-laws respecting construction, demolition and changes of use,
conditional permits, inspections and enforcement related matters of the
Building Code Act;
WHEREAS Section 7 (1) (c) of the Building Code Act provides for a
municipality to set by-laws requiring the payment of fees and prescribing the
amounts of the fees, on application for and on issuance of permits; and
WHEREAS Section 391 (1) of the Municipal Act, S.O. 2001, Chapter 25, as
amended, authorizes a municipality to impose fees or charges on persons, (a)
for services or activities provided or done by or on behalf of it; and (b) for
costs payable by it for services or activities provided or done by or on behalf of
any other municipality or any local board;
NOW THEREFORE the Council of the Village of Oil Springs in the County of
Lambton enacts as follows:
1. DEFINITIONS:
In this by-law:
1.1.
"Act" means the Building Code Act, 1992, including amendments
thereto.
1.2.
"Agreement" means an agreement under Section 3(5) of the Act.
1.3.
"Applicant" means the person making an application under this by-
law including an authorized agent.
1.4.
"Application" means a written request for a permit under Section 3 of
this by-law.
1.5.
"As constructed Plans" means as constructed plans as defined in the
Building Code.
1.6.
"Building" means a building as defined in Section 1(1) of the Act, and
includes plumbing not located in a structure and sewage system.
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1.7.
"Building Code" means the regulations made under Section 34 of the
Act.
1.8.
"Chief Building Official" means the Chief Building Official appointed
by By-law by the Corporation Building Code Act, 1992. SO. 1992, c.
23 as amended, for the purposes of enforcement of the Act.
1.9.
"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 removed from
elsewhere and "constructed" has a corresponding meaning.
1.10. "Corporation" means The Corporation of the Village of Oil Springs.
1.11. "Demolition" means to do anything in the removal of a building or
any material part thereof and "demolition" has a corresponding
meaning.
1.12. "Farm Building" means a farm building as defined in the Building
Code.
1.13. "Permit" means written permission or written authorization from the
Chief Building Official or Inspector to perform work regulated by this
by-law and the Act.
1.14. "Plumbing" means a drainage system, a venting system and a water
system or parts thereof - plumbing and septic permits shall be
obtained at the County.
2. CLASSES OF PERMITS
2.1.
Classes of Permits with respect to the construction, demolition and
change of use of building and permit fees shall be set as per other
buildings in this by-law.
2.2.
Any structure or building defined as a "Building" in the Act requires
a permit and fee as per other buildings in this by-law.
3.
INFORMATION TO BE INCLUDED IN APPLICATION FOR PERMIT
3.1.
To obtain a permit, an application may be made at the County
Administration Building in Wyoming, Ontario.
3.2.
The application shall be made by the owner or an agent authorized in
writing by the owner.
3.3.
Except as otherwise permitted by the Chief Building Official, every
application shall:
(a) include a completed Permit Application form, as set out in
Schedule "B" to this By-law, signed by the owner or an
authorized agent who will certify the truth of its contents;
(b) be accompanied with the fee prescribed in Schedule "A" of this
by-law;
(c) provide a legal description and municipal address of the land on
which the work is to be done;
(d) identify and describe, in detail, the work to be done;
(e) state the valuation of the proposed work including the materials
and labour;
(f) identify the intended use and occupancy of the building;
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(g) state the names, addresses and telephone numbers of the owner,
the architect, professional engineer or designer, where applicable,
and the constructor or demolisher;
(h) include complete plans and specifications as required by this by-
law for the work to be covered by the permit;
(i) be accompanied by a written acknowledgement by the owner that
an architect or professional engineer has been retained to carry
out the field review of the construction, where required by the
Building Code; and
(j) include a grading plan showing final grading to be carried out.
3.4.
Every application for a demolition permit under Section 8(1) of the
Act shall be fully completed in the form, manner and content
satisfactory to the Chief Building Official and shall:
(a) contain the information required by clause 3.3; and
(b) 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.
3.5.
Every application for a conditional permit under Section 8(3) of the
Act shall be fully completed in the form, manner and content
satisfactory to the Chief Building Official and the Corporation shall:
(a) contain the information required by clause 3.3.
(b) contain such other information, plans and specifications
concerning the complete project as the Chief Building Official
may require;
(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;
(e) state the time in which plans and specifications of the complete
building will be filed with the chief building official; and
(f) state how the proposal conforms to Section 34 and 38 of the
Planning Act.
3.6.
Every application for a change in use permit under Subsection 10(1)
of the Act shall be fully completed in the form, manner and content
satisfactory 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 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, including: floor plans; details
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of wall, ceiling and roof assemblies identifying required fire
resistance ratings and load bearing capacities;
(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.
4.
INCOMPLETE APPLICATION
4.1.
A permit may be denied if the application is deemed incomplete by
the Chief Building Official.
5.
PLANS, SPECIFICATION AND INFORMATION FOR ALL
CONSTRUCTION
5.1.
The following clauses outline the plans, specifications and
information which shall be submitted with all applications for
construction, addition, alteration, renovation, demolition and/or
change of use for structures, as specified in the Ontario Building
Code.
5.2.
Where the work is subject to site plan control under Section 41 of the
Planning Act, R.S.O.1990, as amended, a copy of the approval by the
municipality and where a site plan agreement is required, a copy of
such agreement shall be provided.
5.3.
If required by the Chief Building Official, current survey plans shall
be provided in duplicate prepared by an Ontario Land Surveyor
defining and monumenting the limits of the lot upon which the
construction or demolition is to be carried out and showing:
(a) the public highways immediately adjoining the lot;
(b) the position and forms of each survey monument and the
evidence used to define the limits of the public highway;
(c) all rights-of-way and easements within or adjoining the lot in
which the proposed work is to be carried out;
(d) the location, type, number of stories and the municipal numbers
of all buildings on the lot on which the proposed work is to be
carries out;
(e) the required elevation of grades in relation to the Canadian
Geodetic Datum, and crown of road elevations;
(f) complete referencing by astronomic bearing and dimensioning of
all limits and monuments to enable re-establishment if lost or
disturbed.
5.4.
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.
5.5.
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.
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5.6.
Plans shall be drawn to scale on paper, cloth or other durable
material, be legible and without limiting the generality of the
foregoing, include such working drawings as set out in Schedule "B"
to this By-law unless otherwise specified by the Chief Building
Official.
5.6.1. All buildings over 600 square metres and those described in
Division C, Part 1, Table 1.2.1.1 of O. Reg. 350/06 shall be
designed and reviewed by an architect and/or professional
engineer.
5.7.
It shall be unlawful to erase, alter or modify any drawings or
specifications approved by the Chief Building Official without written
consent. If, during the progress of the work, any alteration is desired,
notice of intention stating clearly all the revisions to be made must
be submitted in writing to the Chief Building Official and consent
shall be first obtained before any alteration may be made.
6.
BUILDING OR BUILDINGS MOVED
6.1.
Buildings which are moved shall be construed as new construction,
for calculation of permit fee, and must conform to the provisions of
this By-law according to the purpose for which they are to be used.
6.2.
An application for a building permit shall be completed for any
building to be moved in the municipality and the fees as laid down in
this section and Schedule "A" of this By-law shall apply. The
applicant is also required to pay the Chief Building Official's traveling
costs incurred pursuant to Section 6.3.
6.3.
The applicant shall arrange with the Chief Building Official to inspect
the said building before it is moved and shall pay the fees required by
Section 6.2 prior to the inspection.
6.4.
One building permit shall be required for the relocation of a building.
The permit shall be referred to as a "Building/Relocation Permit".
6.5.
The applicant or his building mover is responsible for obtaining all
other permits necessary (i.e. hydro, Union Gas, telephone, police and
any other road authorities).
6.6.
The applicant shall supply the Corporation with a map of the route
proposed to move the building before any permit is issued and the
route shall not be changed unless the Corporation approves the
change.
7.
APPROVAL IN PART
7.1.
Where a permit is issued for part of a building or project this 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.
8.
FEES
8.1.
Fees for a required permit shall be in accordance with schedule "A" of
this By-law and are due and payable upon submission of an
application for a permit.
8.2.
For extra inspections made necessary because of faulty or defective
work or because of the work not being ready for inspection, the
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hourly fee charge by the County of Lambton to the Village of Oil
Springs in addition to the cost of mileage, will be billed back to the
permit holder for each inspection after the second inspection that is
for the same purpose.
8.3.
Where the fees are based on the square footage of a building this
shall include garages, porches, canopies and walkout basements.
8.4.
The applicant will be required to deposit one thousand dollars
($1,000.00) with the Corporation of the Village of Oil Springs, by way
of cash, cheque or money order and enter into an indemnity
agreement with the Village of Oil Springs whereby the applicant will
pay the cost of damage repairs to any property of the Village resulting
from the moving of a building or the construction of new building or
any work done under a building permit, whether such damage is
caused by the negligence of the applicant or not. Such deposit shall
be returned to the applicant upon completion of the project when the
Corporation has satisfied itself that the applicant has complied with
such plans, specifications, details and other requirements of the By-
law and there are no outstanding accounts.
9.
CANCELLATION OF PERMIT OR APPLICATION
9.1.
An application for a permit may be deemed to have been abandoned
and cancelled six months after the date of filing, unless such
application is being seriously proceeded with. A refund of a portion of
the permit fee may be granted, pursuant to Section 10 of this By-law.
9.2.
A permit may be revoked by the Chief Building Official if a material
variation is found in the construction of the building, from the
approved plans and specifications. A permit may also be revoked for
any reason set out in Section 8(10) of the Act.
10.
REFUNDS
10.1. 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,
Council shall determine the amount of Paid permit fees that may be
refunded to the applicant, if any, in accordance with Schedule "C"
attached to and forming part of this By-law.
11.
RENEWAL OF PERMIT
11.1. The Chief Building Official may renew a permit, subject to Section 8
of the Act, provided that the required fee set by the municipality is
paid, and provided that the plans and specifications are made to
comply with all the requirements of the Act in effect at the time of
renewal.
12.
NOTIFICATION REQUIREMENTS FOR INSPECTIONS
12.1. Every holder of a permit issued under this by-law shall notify the
Chief Building Official not less than two business days before
reaching a stage of construction which requires an inspection as
follows:
(a) substantial completion of excavation
(b) substantial completion of footings prior to pour
(c) substantial completion of foundations prior to backfilling
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(d) substantial completion of framing and hvac
(e) substantial completion of insulation and vapour barriers and air
barrier
(f) commencement of construction of all solid fuel fireplaces and
woodstoves
(g) substantial completion of all fire separations, closures and fire
protection systems
(h) readiness to occupy a building or portion thereof
(i) substantial completion of the building, site grading and fire
access routes and as constructed plans.
12.2. The consent of the Chief Building Official may be required before
construction proceeds beyond the substantial completion of framing.
Prior to giving such consent, the Chief Building Official may require
the owner or an authorized agent to provide a foundation survey
showing the location of the said foundations or footings on the
property. Further, the Chief Building required a certified lot grading
certificate for all residential development prior to the final inspection
being completed.
13.
AS CONSTRUCTED DRAWINGS
13.1. Where the Chief Building Official has stated on the permit that as
constructed drawings are required, and upon completion of building
for which a permit has been issued, a set of plans of the building as
constructed and completed shall be submitted to the Chief Building
Official.
14.
RESCIND BY-LAWS
This by-law shall come into force and take effect on September 1, 2019.
By-law No. 467 of 2007 is hereby repealed and replaced by this By-Law.
Read a first second and third time and finally passed this 13th Day of August,
2019.
__________________________
Ian Veen,
Mayor
__________________________
Erkki Pohjolainen,
Clerk
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SCHEDULE "A"
To Village of Oil Springs By-law No. 839-2019
Buildings and Structures
Building Permit Fees
1. Residential dwellings with or without
attached garage
$500.00 base fee plus $0.40
per square foot to a
maximum of $1,500.00
2. Residential and Accessory Structures
(garages, car ports, sheds)
$150.00 base fee plus $0.30
per square foot
3. Apartments and Multiple Housing
$500.00 base fee plus $0.40
per square foot to a
maximum of $2,500.00
4. Farm and accessory farm related
$150.00 base fee plus $0.40
per square foot to a
maximum of $1,000.00
5. Building enlargements and alterations
$150.00 base fee plus $0.40
per square foot to a
maximum of $1,000.00
6. New Commercial, Institutional, Industrial
and Assembly
$500.00 base fee plus $0.40
per square foot to a
maximum of $1,500.00
7. Swimming Pools including fence
$150.00 base fee
8. Renewal of expired, cancelled or
abandoned permits
$150.00 base fee
9. Other permit or inspection fees not
specifically covered in the schedule
$150.00 base fee plus $0.40
per square foot
10. Building Re-locations
$150.00 base fee plus costs
incurred by Chief Building
Official for pre-permit
inspection plus building
permit fee as per the
appropriate category plus
$10,000.00 Completion
Agreement (refundable)
11. Building Demolition
$150.00 base fee if area
greater than 500 square feet
12. All items above require a $1,000.00 damage deposit. See Section 8.4 of
By-law No 839 of 2019.
13. No permit will be required for roofing, shingling, eavestroughing or
siding.
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SCHEDULE "B"
To Village of Oil Springs By-law No. 839-2019
Current Building & Plumbing Permit Application, as provided by
the Building Services Department of the County of Lambton and
as may be amended from time to time.
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SCHEDULE "C"
To Village of Oil Springs By-law No. 839-2019
Refund of Permit Fees
A. The fees that may be refunded shall be a percentage of the fees payable
under this By-Law as follows:
i) 80 per cent if administrative functions only have been performed;
ii) 70 per cent if administrative and zoning functions have been
performed;
iii) 45 per cent if administrative, zoning and plan examination functions
have been performed;
iv) 35 per cent if the permit has been issued and no field inspections have
been performed subsequent to permit issuance;
v) 5 per cent shall additionally be deducted for each field inspection that
has been performed after the permit has been issued.
B. Notwithstanding paragraph A above, no refund shall be made if the
amount is $100.00 or less.