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The Corporation of the City of Pembroke
By-law Number 2025-83
Being a By-law to provide for the administration and enforcement of the
Building Code Act and with respect to the establishment and requirement
of the payment of fees for information and services.
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 the Building Code Act, 1992, as amended, in the municipality;
Whereas Section 3(2) of the Building Code Act, S.O. 1992, c.23 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;
Whereas Section 7 of the Building Code Act, S.O. 1992, c.23, as amended,
authorizes a municipal council to pass by-laws respecting the administration and
enforcement of the Act and the Ontario Building Code through prescribing of
classes of permits, submission of applications, collection of fees, notifications for
inspections and the charging of permit fees and other related matters;
Whereas Section 425 of the Municipal Act, S.O. 2001 , c. 25, as amended,
provides that any person who contravenes any by-law of a municipality passed
under the authority of the Municipal Act is guilty of an offence; and
Whereas Section 36 of the Ontario Building Code Act, S.O. 1992, c. 23, as
amended, outlines when a person is guilty of an offence under the Act.
Now Therefore the Municipal Council of the Corporation of the City of Pembroke
enacts as follows:
1. Citation
1.1.
This By-law may be cited as the "Building By-law" and as cited
includes future amendments, unless otherwise specified.
2. Definitions
2.1.
Words shown in bold script in this By-law shall have the meaning
as follows:
a) Act means the Building Code Act, S.O. 1992, c. 23, as
amended;
b) Alternative solution means a substitute for an acceptable
solution as set out in Parts 3 to 12 of Division B of the Building
Code;
c) Applicable law means the list of applicable laws as prescribed
by the Building Code;
d) Applicant means the owner of a building or property who
applies for a permit or any authorized agent who applies for a
permit on the owner's behalf or any person or corporation
Page 1 of 29
empowered by statute to cause the construction or demolition of
a building or buildings and anyone acting under the authority
of that person or corporation;
- e) Authorized agent means a person who has been authorized in
writing to act on the owner's behalf for matters relating to an
application for a permit;
f) As constructed plans means construction plans and
specifications that show the building and the location of the
building on the property as the building has been constructed;
g) Building means that as ascribed by the Act;
h) Building Code means regulations made under Section 34 of
the Act and any amendments thereto;
i) Chief Building Official means the person appointed by a by-
law of the Corporation of the City of Pembroke for the purpose
of enforcement of the Act and whose roles are set out in the
Act;
j) Complete means a building permit application submitted with all
required approvals appended in accordance with Subsection
1.3.1.3(5) of the Building Code, in order to comply with the
building permit time lines as noted in Subsection 1.3.1 .3(1) of the
Building Code;
k) Corporation means the Corporation of the City of Pembroke;
I)
Form means the applicable provincial or municipal prescribed
document or e-document;
m) Inspector means a person appointed by a by-law of the
Corporation of the City of Pembroke for the purpose of
enforcing the Act and whose roles are set out in the Act;
n) Owner means the registered owner of the land or property for
which a permit application is submitted; a permit has been
issued; or which contains an on-site sewage system for the
purposes of the Maintenance Inspection Program and
includes the registered owner, a lessee, and a mortgagee in
possession;
o) Permit means permission or authorization in writing by the
Chief Building Official to perform work or to occupy a
building or part thereof, as regulated by the Act and the
Building Code;
p) Permit holder means the owner to whom the permit has been
issued or, where the permit has been transferred, the
transferee, and shall be the person who assumes the primary
responsibility for compliance with the Act and the Building
Code;
q) Registered Code Agency means a person who has the
qualifications and meets the requirements described in
subsection 15.11 (4) of the Act;
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r) Sign, for the purpose of determining a building permit fee, shall
mean a sign designed to meet the requirements of the Building
Code;
s) Work means the construction or demolition of a building or part
thereof and includes a change of use as regulated by the
Building Code.
2.2.
Any words or phrases used in this By-law which are defined in the
Building Code shall be deemed to have an equivalent meaning in
the context in which they are used.
3. Classes of Permits
3.1.
The classes of permits with respect to construction, demolition,
change of use and occupancy shall be as set out in Schedule 'B'
and are further described as follows:
a) Construction Permit is a permit required under Subsection
8.(1) of the Act for the construction of buildings and parts of
buildings.
b) Demolition Permit is a permit required under Subsection 8.(1)
of the Act for the removal of a building.
c) Conditional Permit is a permit authorized under Subsection
8.(3) of the Act for the construction of buildings or parts of
buildings that may be issued at the sole discretion of the Chief
Building Official.
d) Change of Use Permit is a permit required under Subsection
10.(1) of the Act where a change in use of a building or part of
a building would result in an increase in hazard as determined
under Division C, Article 1.3.1.4. of the Building Code where
no construction is proposed.
e) Occupancy Permit is a permit required to occupy a building or
part of a building in accordance with the requirements of
Division C, Subsection 1.3.3. of the Building Code.
4. Applications for Permits
4.1.
Permit applications and the associated documents and forms, shall
be submitted by the owner or authorized agent to the Chief Building
Official by one or more of the following methods:
a) Digital submission by upload to the E-Permitting System
b) Hard copy submission hand delivered or mailed to the attention of
the Building Department at 1 Pembroke Street East, Pembroke,
ON K8A 3J5.
4.2.
The Chief Building Official may refuse a digital submission, if after
consultation with the City's System Administrator, Information
Technology, the digital safety and security of the city may be
compromised by the submission;
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4.3.
The Chief Building Official may require that hard copy applications
be accompanied by the same submission in digital format that
meets the standards for digital submission and digital documents
as specified by this By-law;
4.4.
Where parts of the construction or demolition proposed in an
application are to take place in separate phases, stages or time
frames, the Chief Building Official may require the Applicant to
submit separate applications for each phase, stage or time frame of
the proposed project.
4.5.
Where the construction or demolition proposed in an application
contains multiple freehold units or multiple civic addresses for one
building, the Chief Building Official may require the Applicant to
submit separate applications for each freehold unit or civic address.
4.6.
Where an application is made for a Construction Permit under
Subsection 8.(1) of the Act, the application shall:
a) Include a completed permit application form as prescribed by
the Building Code;
b) Be accompanied by the plans and specifications prescribed by
this By-law and any associated information or approvals
required to demonstrate compliance with any applicable law;
c) Identify and describe the work and use to be covered by the
permit for which application is made;
d) Be accompanied by all fees that are set out in Schedule 'A';
e) State the names, addresses, telephone numbers, fax numbers
and email addresses of the owner, applicant, architect,
professional engineer, designer, contractor, installer, or
constructor, where applicable;
f) Be accompanied by a completed Commitment to General
Reviews form as prescribed by the Chief Building Official
when the Architects Act, as amended, and/or the Professional
Engineers Act, as amended, requires the designer to be an
architect and/or a professional engineer;
g) Include completed forms as deemed required and prescribed
by the Chief Building Official.
4.7.
Where an application is made for a Demolition Permit under
Subsection 8.(1) of the Act, the application shall:
a) Include a completed permit application form as prescribed by
the Building Code;
b) Be accompanied by the plans and specifications prescribed by
this By-law and any associated information or approvals
required to demonstrate compliance with any applicable law;
c) Be accompanied by all fees that are set out in Schedule 'A';
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d) State the names, addresses, telephone numbers, fax numbers
and email addresses of the owner and of the Architect,
professional engineer, designer, contractor or constructor,
where applicable;
e) Be accompanied by a completed Commitment to General
Reviews form as prescribed by the Chief Building Official
when the Building Code requires a professional engineer to
undertake the general review of the demolition; and
f) Be accompanied by proof satisfactory to the Chief Building
Official that arrangements have been made with the proper
authorities, where applicable, for the disconnection and capping
of all water, sewer, gas, electric, telephone or other utilities and
services on a form prescribed by the Chief Building Official.
4.8.
Where application is accepted at the discretion of the Chief
Building Official for a Conditional Permit under Subsection 8.(3)
of the Act, the application shall:
a) Be preceded by an application for a Construction Permit as set
out in Subsection 4.4 of this By-law and filed with the Chief
Building Official;
b) Be accompanied by the plans and specifications prescribed by
this By-law and any associated information or approvals
required to demonstrate compliance with any applicable law;
c) Include a completed Conditional Permit application form as
prescribed by the Chief Building Official;
d) State in writing to the Chief Building Official the reasons why
the applicant believes that unreasonable delays in construction
would occur if a conditional permit is not granted;
e) State the necessary approvals which must be obtained in
respect of the proposed building and the date or time by which
such approvals will be obtained;
f) Be accompanied by a Conditional Permit Agreement,
authorized by Clause 8.(3)(c) of the Act, which must be signed
by the owner or an authorized agent who has the authority to
bind the owner;
g) In the event that the conditions have not been satisfied beyond
the date that is prescribed in a Conditional Permit Agreement,
the agreement shall be considered expired, all work shall stop,
and a request for an extension shall be made by the permit
holder;
h) Be accompanied by a security deposit under the terms of the
Conditional Permit Agreement; and
i) In addition to fees prescribed for the Construction Permit
application, be accompanied by all Conditional Permit fees that
are set out in Schedule 'A'.
Page 5 of 29
4.9.
Consideration of an application for a Conditional Permit is at the
sole discretion of the Chief Building Official and, if considered,
shall not be construed to authorize construction beyond the scope
for which conditional approval is given, or to mean that a
Construction Permit will necessarily be issued.
4.10. Where application is made for a Change of Use Permit issued
under Subsection 10.(1) of the Act, the application shall:
a) Include a completed permit application form as prescribed by
the Chief Building Official;
b) Be accompanied by the plans and specifications prescribed by
this By-law and any associated information or approvals
required to demonstrate compliance with the Building Code
and any applicable law;
c) Describe the building in which the occupancy is to be changed
by a description that will readily identify and locate the building;
d) Identify and describe in detail the current and proposed
occupancies of the building or part of a building for which the
application is made;
e) 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, but not limited to,
floor plans; details of wall, ceiling and roof assemblies;
identifying required fire resistance ratings and load bearing
capacities; and details of the existing on-site sewage system, if
any;
f) Be accompanied by a report from a qualified person as
prescribed by the Building Code confirming that the change of
use will not result in an increase in hazard;
g) Be accompanied by all fees that are set out in Schedule 'A'; and
h) State the name, address, telephone number, fax number and
email address of the owner and Authorized Agent.
4.11. To obtain an Occupancy Permit as required by Division C,
Subsection 1.3.3. of the Building Code, the owner or authorized
agent shall:
a) Notify the Chief Building Official of the of completion of
construction required to permit the occupancy of a building;
b) Describe the part of the building for which occupancy is
requested;
c) Submit plans showing portion(s) of the floor area(s) to be
occupied, complete with location(s) of temporary exits as
applicable; and
Page 6 of 29
d) Submit all general review reports where the Building Code
requires the construction to be reviewed by an architect and/or
a professional engineer.
4.12. A building shall not be occupied, permitted to be occupied, or
commissioned into service without written authorization from the
Chief Building Official.
5. Plans and Specifications - General
5.1.
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 to the Act, the Building Code, this By-law and any other
applicable law.
5.2.
Each application for a Construction, Demolition or Change of Use
Permit shall be accompanied by two (2) complete sets of the plans
and specifications as set out in Schedule 'B' in order for an
application to be deemed as complete.
5.3.
Each application for a Conditional Permit shall be accompanied by
two (2) additional sets of legible plans and specifications sufficient
to describe the scope of work covered by the Conditional Permit.
5.4.
A drainage plan shall be required and done by a qualified person
illustrating land drainage and storm water management showing
catch basins, ponding areas, intended direction of surface flows,
impediments to the free flow of water, storm water management
report, if applicable, on-site storm water management facilities for
quantity and quality controls and overland flows for development
that does not require a Site Plan Agreement.
5.5.
A Rapid Access Management (RAM) box shall be required when a
building requires a fire alarm. This requirement shall be added to
the building plans.
5.6.
Plans shall be drawn to a suitable and legible scale on paper or
submitted digitally and approved by the Chief Building Official
and shall include information as set out in Schedule 'B' unless
otherwise specified by the Chief Building Official.
5.7.
At the discretion of the Chief Building Official, submission of
digital drawings, designs and specifications will be considered
where:
a) The file is formatted to print on paper not greater than eleven by
seventeen inches (11 " x 17") to retain the original scale of the
document; and
b) The format of the digital file is suitable to the Corporation.
Page 7 of 29
6. Incomplete Application
6.1.
Except as provided in Subsection 6.2 of this By-law, a permit
application that does not meet all of the requirements of Section 4
of this By-law shall be denied without further review.
6.2.
Where the Chief Building Official determines that a permit
application is incomplete, the Chief Building Official may accept
the application if the applicant acknowledges that the application is
incomplete.
6.3.
Where an applicant declares or acknowledges that a permit
application is incomplete, the Chief Building Official shall not be
bound by the timelines prescribed by the Building Code within
which a permit must be issued or refused.
6.4.
The applicant shall be notified in writing or via email or fax where a
review by the Chief Building Official or Inspector has determined
information is missing or non-compliant with any provisions of the
Act, Building Code or this By-law.
6.5.
Where it is determined that the applicant has not made satisfactory
progress to submit required information within 30 days of being
notified by the Chief Building Official or Inspector, written notice
thereof may be given to the applicant.
6.6.
If an incomplete application is deemed to be abandoned as
determined by the Chief Building Official, a new application must
be submitted as set out in Section 3 for all proposed work.
7. Withdrawing a Permit Application
7.1 .
A permit holder may request, in writing, by email or fax, that an
application for permit be withdrawn prior to issuance of a permit.
7.2.
All plans, specifications and documents submitted in support of an
application for permit shall remain the property of the Corporation.
8. Revocation of Permit
8.1 .
Prior to revoking a permit under Subsection 8.(10) of the Act, the
Chief Building Official may serve a notice to the permit holder at
his/her last known address, and, following a 30 day period from the
date of service, may revoke the permit without further notice.
8.2.
The Chief Building Official may consider a written request by the
permit holder to defer revocation of a permit if the request:
a) Is received by the Chief Building Official prior to the end of the
30-day period described in Subsection 8.1 of this By-law; and
b) States the reasons why the permit should not be revoked and
the date by which meaningful and substantial work will resume.
8.3.
The Chief Building Official, having regard to any material
changes to the Act, Building Code or other applicable law, may
allow a deferral of revocation of a permit.
Page 8 of 29
8.4.
Subject to Section 25 of the Act, the Chief Building Official is under
no obligation to defer revocation of a permit
8.5.
Where a complete application has been submitted, notice of refusal
to issue a permit in accordance with Division C, Clause
1.3.1.3(1 )(b) of the Code has been provided to the Applicant, and
all reasons for refusal have not been appropriately addressed by
the Applicant that would otherwise allow the Chief Building Official
to issue a permit, the application may be cancelled if the time
period prescribed below has lapsed by the Chief Building Official
from the date the notice of refusal was provided:
Time Period for Cancellation of Application
Building Type
Time Period for
Cancellation of Application
Houses, buildings accessory to a 20 business days
house, tents, signs
Part 9 buildings other than
30 business days
described above
Part 3 buildings and retirement
60 business days
homes
Post disaster buildings, high
60 business days
buildings, and buildings with an
interconnected floor space
9. Revisions
9.1.
Where the design or scope of work authorized by an issued permit
change, the owner shall submit sufficiently detailed and revised
plans and specifications, as set out in Section 5 of this By-law, that
describe the proposed work prior to carrying out the proposed
work.
9.2.
Sufficient material changes to the design or scope of work may
constitute the need for a new application for a permit as
determined by the Chief Building Official.
9.3.
A revision to a permit application or to an issued permit shall be
accompanied by all fees as set out in Schedule 'A'.
10.Permit Issuance, Transfer of Permit and Document Retention
10.1. All permits shall be issued through the E-Permitting System to the
Applicant, the Owner and, if known at the time of the application,
the Builder.
10.2. Every persons to whom a permit has been issued shall be
responsible for downloading from the E-Permitting System, the
permit and all documents that form the permit and shall retain a
copy on the site of the construction;
Page 9 of 29
10.3. Only the documents that have been certified by the Chief Building
Official or Building Department staff shall be deemed as the
documents that form the permit;
10.4. An issued permit may be transferred to a new owner by the Chief
Building Official where the new owner provides:
a) A completed Transfer of Permit form prescribed by the Chief
Building Official;
b) A written statement agreeing to comply with all statutes,
regulations, applicable laws and conditions of approval upon
which the permit was issued;
c) A written statement from the designer authorizing the continued
use of all drawings, specifications and documents associated
with the issued permit;
d) A completed Commitment to General Reviews form as
prescribed by the Chief Building Official when the Building
Code requires the work be reviewed by an architect or a
professional engineer; and
e) Payment of fees for transfer of permit as set out in Schedule
'A'.
11. As-Constructed Plans and Documents
11.1. On completion of the construction, the Chief Building Official may
require:
a) A set of as-constructed plans be filed with the Chief Building
Official, and/or
b) A plan of survey showing the location of the building or
buildings.
11.2. As set out in Section 18 of the Act, an Inspector may require
information, including plans, specifications, reports or documents,
from any person in order to confirm compliance with any Building
Code and/or applicable law requirement.
12. Alternative Solutions
12.1. The Chief Building Official may authorize the use of an
alternative solution where a designer provides, for each
alternative solution that is proposed:
a) A completed Alternative Solution Application form as
prescribed by the Chief Building Official;
b) A description of the proposed material, system or building
design for which authorization as an alternative solution is
requested;
c) A description of the applicable objectives, functional statements
and acceptable solutions as set out in the Building Code;
Page 10 of 29
d) Supporting documentation, past performance or tests described
in Division C, Section 2.1. of the Building Code or other
evaluation demonstrating that the proposed material, system or
building design will provide the level of performance required
by Division A, Article 1.2.1.1. of the Building Code; and
e) The prescribed fee as set out in Schedule 'A' and in addition,
where required, payment for the costs of a third party review.
12.2. Where an alternative solution has been authorized, the Chief
Building Official may impose conditions and/or limitations.
12.3. Alternative solutions authorized by the Chief Building Official
shall be applicable only to the location as described in the
application and are not transferrable to any other permit.
12.4. Where an Applicant or designer proposes an alternative solution, or
the use of innovative materials, systems or building designs that
are not approved through a ruling by the Minister, the Chief Building
Official may utilize third party review by a person having knowledge
and experience with respect to the proposal.
12.5. Prior to engaging a third party to conduct a review, the Chief
Building Official shall provide formal notice to the applicant or
designer of their intent to do so in writing; and
12.6. Fees associated with a third party review shall be paid by the
Applicant.
13.Fees
13.1. Fees shall be determined by the Chief Building Official as set out
in Schedule 'A,' with annual increases as of January 1, 2027 to be
equal to 1.5 times the Consumer Price Index (CPI) as published
annually by Statistics Canada, and are due and payable by the
applicant upon submission of an application for permit in addition
to any development charges, levies and other fees that are deemed
to be applicable law.
13.2. The new fees which include CPI shall be posted on the City of
Pembroke's website and be available from the City of Pembroke's
Building Department in January of each year.
13.3. For classes of permits not described in Section 3 of this By-law or
where no fee exists in Schedule 'A', a reasonable fee shall be
determined by the Chief Building Official by considering all
administration, plan review and inspection costs.
13.4. Where fees are due as a result of revisions after a permit has been
issued, no inspections associated with the said revisions shall be
passed until:
a) The revisions are approved by the Chief Building Official or
Inspector; and
b) Additional fees have been paid in full.
Page 11 of 29
13.5. Where work occurs prior to the issuance of a permit, an additional
surcharge equalling 100% of the permit fee described in this
Section, to a maximum of $5,000, shall be payable by the
applicant.
13.6. The permit fees as set out in Schedule 'A' presume a single
submission of complete plans and specifications and a single
inspection of each prescribed stage of construction as set out in the
Building Code and this By-law. Additional service fees as set out
in Schedule 'A' shall be invoiced when additional resources to
review additional drawings and/or to re-inspect work are
consumed.
13.7. A refundable deposit, as set out in Schedule "A", shall be paid, by
the Applicant, at the time of permit issuance. Prior to refunding the
deposit, the applicant shall obtain a final inspection. The deposit
shall be refunded to the Applicant, once the final inspection has
passed all statutory obligations of the Building Code and all
conditions of the permit have been fulfilled. The full amount of the
deposit is refundable if the work is completed within one-year of the
date of permit issuance.
14.Refunds
14.1. In the case of a cancelled permit or a withdrawn, inactive or
abandoned permit application, the Chief Building Official shall
determine the amount of paid fees as set out in Schedule 'A' that
may be refunded to the Applicant, if any, as follows:
a) 90% if administrative functions only have been performed;
b) 80% if administrative and zoning functions only have been
performed;
c) 60% if administrative, zoning, and plans examination functions
have been performed; and
d) 50% if the permit has been issued.
14.2. Upon calculation of a refund as determined under Subsection 14.1
of this By-law, the refund value shall be reduced by 5% for each
field inspection that has been performed in relation to an application
for permit or an issued permit.
14.3. The percentage of fee to be refunded as set out in Subsections
14.1 and 14.2 of this By-law shall not include the additional
surcharge calculated as a result of construction, demolition or
change of use occurring prior to the issuance of a permit.
14.4. Any authorized refund shall be returned to the person identified on
the payment receipt.
14.5. The occupancy deposit fee shall be refunded to the person
identified on the receipt provided all construction is complete,
inspected and passed within 6 months of the building being
Page 12 of 29
occupied or the occupancy permit being issued, whichever occurs
first.
14.6. A deposit that has been paid for an application for Demolition
Permit shall be refunded to the person identified on the receipt
where inspections confirm the following within 6 months of issuance
of the permit:
a) The demolition of the building is complete;
b) All general review letters, where required, have been received
by the Chief Building Official;
c) All demolition material and debris has been removed from the
property;
d) Capped water and sewer services have been inspected and
passed.
14.7. No refund shall be made where the paid permit fee is less than
$100.00.
15. Recovery of Fees
15.1. In addition to every other remedy available at law, fees that are due
and unpaid may be added to the tax roll of the property of the
owner, and may be collected in like manner as municipal taxes.
16. Fee Adjustments
16.1. Immediately upon release of the Consumer Price Index by
Statistics Canada, all services fees as set out in Schedule 'A' shall
be adjusted according to the Consumer Price Index and shall be;
a) Rounded to the nearest cent where the fee is based on an area
or linear measurement calculation; and
b) Rounded to the nearest dollar for all other fees.
16.2. Adjusted fees shall be posted on the Corporation's web site and
available from the Building Department.
17. Notices and Inspections
17 .1. The permit holder or an authorized agent shall notify the Chief
Building Official of readiness to inspect the required stages of
construction as prescribed by Division C, Sentence 1.3.5.1.(2) of
the Building Code.
17.2. In addition to Subsection 17.1. of this By-law, the permit holder or
an authorized agent shall notify the Chief Building Official of
readiness to inspect the following stages of construction as
prescribed by Division C, Sentence 1.3.5.2.(1) of the Building
Code:
a) Commencement of construction of the building;
Page 13 of 29
b) Substantial completion of structural framing for each storey, if
the building is a type of building that is within the scope of
parts of the Building Code other than Division B, Part 9;
c) Commencement of construction of:
i)
masonry fireplaces and masonry chimneys;
ii)
factory-built fireplaces and allied chimneys; or
iii)
stoves, ranges, space heaters and add-on furnaces
using solid fuels and allied chimneys;
d) Substantial completion of heating, ventilating, air-conditioning
and air-contaminant extraction equipment;
e) Substantial completion of exterior cladding;
f) Substantial completion of the pool deck and dressing rooms for
a public pool or public spa and readiness for inspection of the
emergency stop system for a public pool or public spa;
g) Completion and availability of drawings of the building as
constructed; and
h) Completion of a building for which an occupancy permit is
required under Division C, Article 1.3.3.4 of the Building Code.
17.3. The notice required in Subsections 17.1 . and 17.2. of the By-law
shall be given by:
a) Emailing the Building Department;
b) Leaving a voice message at the Building Department; or
c) Writing, via email or fax to the Building Department.
17.4. A notice pursuant to Subsections 17 .1. to 17.2. of this By-law is not
effective until the notice is actually received by the Chief Building
Official or designate.
17.5. Upon receipt of notice of readiness to inspect as set out in this
Section, the Chief Building Official or an Inspector shall
undertake a site inspection:
a) No later than two (2) business days after receipt of the notice by
the Chief Building Official or designate; or
b) As otherwise required by the Building Code.
17.6. The time period referred to in Subsection 17.5 of this By-law shall
begin on the business day following the day on which the notice is
received.
17. 7. The permit holder shall facilitate safe access for inspection of the
work.
Page 14 of 29
17.8. A copy of the actual plans issued in support of a permit shall be
available to the Inspector when requested.
17.9. Re-inspections of deficient or incomplete work shall be subject to
an additional service fee as set out in Schedule 'A'.
17.10. Matters related to inspections, including but not limited to
requirements for notice, readiness, condition of the construction
site, access for the inspector, and results of the inspection, shall
comply with the Inspection Policy that has been established by the
Chief Building Official.
18. Delegated Authority to Chief Building Official
18.1. The Council of the Corporation hereby delegates to the Chief
Building Official the power to enter into agreements prescribed by
the Corporation and described in clause 8.(3)(c) of the Act relating
to the issuance of a Conditional Permit.
18.2. Where the Corporation enters into an agreement with a
Registered Code Agency, the Chief Building Official is
authorized to enter into a service agreement with a Registered
Code Agency to perform one or more of the functions prescribed in
Section 15.15 of the Act in respect of the construction or demolition
of a building or class of buildings.
18.3. Upon receiving notice of a declared state of emergency, the Chief
Administrative Officer may authorize the Chief Building Official to
appoint inspectors under Section 3 of the Act, including the function
of revoking such appointments, subject to the following conditions:
1) The Chief Administrative Officer has determined the state of
emergency has overwhelmed the Building Department's
resources;
2) Prior to appointment, each inspector shall have the
qualifications set out in the Code, as it relates to the position
and duties they will perform or be supervised by the Chief
Building Official; and
3) Any appointments made may be revoked at any time by the
Chief Administrative Officer or the Chief Building Official, and all
appointments shall be revoked when the state of emergency is
no longer in effect.
19. Fences at Construction and Demolition Sites
19.1. Where, in the opinion of the Chief Building Official or Inspector,
a construction or demolition site presents a hazard to the public, the
Chief Building Official or Inspector may require the owner to
erect such fences as the Chief Building Official or Inspector
deems appropriate to the circumstances to prevent unauthorized
entry to the site.
19.2. In considering the hazard presented by the construction or
demolition site to be fenced, the Chief Building Official or
Inspector shall have regard for:
Page 15 of 29
r
a) The proximity of the building site to other buildings that are
occupied;
b) The proximity of the construction or demolition site to lands
accessible to the public;
c) The hazards presented by the construction or demolition
activities and materials;
d) The effectiveness of site fences; and
e) The duration of the hazard.
19.3. Every fence required under this By-law shall:
a) Create a continuous barrier to sufficiently deter unauthorized
entry to the construction or demolition site to the satisfaction of
the Chief Building Official or Inspector
b) Be erected and maintained in a nominally vertical plane and
maintained in good repair; and
c) Be a minimum of 1.2 m in height and not exceed the maximum
height as set out in the Corporation's Zoning By-law.
20. Enforcement (Offences)
20.1 . No person shall:
a) Construct a building without a permit contrary to Section 8(1)
of the Act;
b) Cause construction of building without a permit contrary to
Section 8(1) of the Act;
c) Demolish a building without a permit contrary to Section 8(1 )
of the Act;
d) Cause demolition of a building without a permit contrary to
Section 8(1) of the Act;
e) Change plans without authorization contrary to Section 8(12) of
the Act;
f) Construct a building not in accordance with plans contrary to
Section 8(13) of the Act;
g) Change the use of a building without a permit contrary to
Section 10(1) of the Act;
h) Occupy a building newly erected without notice or inspection
contrary to Section 11 (1) of the Act;
i) Obstruct or remove a posted order without authorization
contrary to Section 20 of the Act;
Page 16 of 29
j) Furnish false information on an application for a permit contrary
to clause 36(1 )(a) of the Act;
k) Commence demolition before a building has been vacated
contrary to Division C sentence 1.3.1 .1 (4) of the Building
Code;
I) Fail to post a permit on the construction site contrary to Division
C article 1.3.2.1 of the Building Code;
m) Fail to post a permit on the demolition site contrary to Division
C article 1.3.2.1 of the Building Code;
n) Occupy an unfinished building without a permit contrary to
Division C sentence 1.3.3.1 (1 ) of the Building Code;
o) Fail to provide notification of construction phase contrary to
Division C sentence 1.3.5.1 (2) of the Building Code;
p) Hinder or obstruct or attempt to hinder or obstruct a Chief
Building Official or an Inspector contrary to Section 19(1) of
the Building Code Act.
20.2. No person shall fail to comply with:
a) An order to comply made by an Inspector under Section 12(2)
of the Act;
b) An order not to cover made by an Inspector under Section
13(1) of the Act;
c) An order to uncover made by an Inspector under Section 13(6)
of the Act;
d) A stop work order made by the Chief Building Official under
Section 14(4) of the Act;
e) An order to remedy an unsafe building made by an Inspector
under Section 15.9(4) of the Act;
f) An order prohibiting use or occupancy of an unsafe building
made by the Chief Building Official under Section 15.9(6) of
the Act; and
g) An order to repair a dangerous building made by the Chief
Building Official under Section 15.10(1) of the Act.
21.Annual Report and Reserve Fund
21.1. The Treasurer is hereby directed to prepare an Annual Report
which shall enumerate the direct and indirect costs of delivering
building services related to the administration and enforcement of
the Building Code Act for the previous fiscal year (12 month
period). The said report shall also set out the amount of the reserve
fund at the end of the previous fiscal year. The Annual Report shall
be submitted to Council no later than three months after the end of
the previous fiscal year.
Page 17 of 29
21.2. For the purposes of this By-law, the fiscal year of the municipality
shall be as prescribed by the Municipal Act, S.O. 2001 , Chapter 25
and its amendments.
21.3. A reserve fund is hereby established for the purposes of setting
aside surplus revenues from building permit fees. The reserve fund
shall be used exclusively for the operations of the Building
Department of the Corporation for any subsequent fiscal year or
fiscal years. The Treasurer is hereby directed to maintain all
22. Penalties
records related to the reserve fund. A 5% reserve fund levy has
been included in all building permit fees.
22.1. Every person who contravenes any provision of this By-law or the
Act or is party to such contravention is guilty of an offence and
upon conviction is liable to a fine in accordance with Section 36 of
the Act with respect to offences arising from Sections 20.1 and
20.2 of this By-law or otherwise as provided for in the Provincial
Offences Act R.S.O. 1990, c. P.33.
22.2. Every person who hinders or obstructs a person lawfully carrying
out the enforcement of this By-law is guilty of an offence.
22.3. Every person who is guilty of an offence under this By-law may, if
permitted under the Provincial Offences Act, R.S.O. 1990, c. P.33
as amended, pay a set fine, and the Chief Judge of the Ontario
Court of Justice shall be requested to establish set fines as set out
in this By-law.
22.4. In addition to the penalties prescribed in Sections 22.1 , 22.2, and
22.3 of this By-law, the Chief Building Official may apply, under
Sections 36(1) and/or 38(1) of the Act for additional penalties
and/or fine up to five thousand dollars ($5,000.00) or the maximum
fine applicable pursuant to the provisions of the Provincial Offences
Act, R.S.O. 1990 c. P.33.
23. Validity
23.1. Should any section, subsection, clause or provision of the 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.
24. Interpretation and Implementation
24.1. Schedules A, B, and C attached hereto shall form part of this By-
law.
24.2. This By-law comes into force on the day of its enactment.
24.3. By-law 2018-01 and all amendments thereto, of the Corporation of
the City of Pembroke, are hereby repealed.
Page 18 of 29
Passed and Enacted
This 1sth day of November, 2025
Ron Gervais
Mayor
-
~
aG
rbonne~u
Clerk
Page 19 of 29
Schedule A - Permit and Miscellaneous Fees
Category Class of Permit
Metric
Imperial
A.
New Construction
A. 1.
Assembly Occupancies -
$16.68/m2 of
$1.55/ft2 of building
Group A
building floor area.
floor area.
A. 2.
Institutional Occupancies -
$16.68/m2 of
$1 .55/ft2 of building
Group B
building floor area.
floor area.
A. 3.
Residential Occupancies - Group C
A. 3. a.
Single Family, Semi--
$16.68/m2 of
$1.55/ft2 of building
detached, duplex
building floor area.
floor area.
A. 3. b.
Multiple
$16.68/m2 of
$1.55/ft2 of building
building floor area.
floor area.
A. 3. C.
Mobile Home
$16.68/m2 of
$1 .55/ft2 of building
building floor area.
floor area.
A. 3. d.
Residential Additions and
$16.68/m2 of
$1.55/ft2 of building
Major Alterations
building floor area.
floor area.
A. 4.
Business/Personal
$16.68/m2 of
$1.55/ft2 of building
Services Occupancies -
building floor area.
floor area.
Group D
A. 5.
Mercantile Occupancies -
$16.68/m2 of
$1.55/ft2 of building
Group E
building floor area.
floor area.
A. 6.
Industrial Occupancies -
$16.68/m2 of
$1.55/ft2 of building
Group F
building floor area.
floor area.
A. 7.
Special Occupancies Categories
A. 7. a.
Tents
$262.50
$262.50
A. 8.
Accessory Buildings/Structures
A. 8. a.
Garage/carport, deck,
$8.51/m2 of building
$0.79/ft2 of building
porch, patio, sunroom,
or structure area.
or structure area.
shed,boathouse,other
accessory building
A. 8. b.
Swimming Pools (above-
$262.50
$262.50
ground and in-ground
pools and fences)
B.
Alterations & Repairs
B. 1. a.
Assembly Occupancies -
$13.23/m2 of
$1 .23/ft2 of building
Group A
building floor area.
floor area.
B. 1. b.
Institutional Occupancies -
$13.23/m2 of
$1.23/ft2 of building
Group B
building floor area.
floor area.
Page 20 of 29
-
-
Category Class of Permit
Metric
Imperial
B. 1. C.
Residential Occupancies -
$11.30/m2 of
$1.05/ft2 of building
Group C - alterations,
building or structure
or structure area.
renovations, repairs,
area.
retrofitting, addition
B. 1. d.
Industrial Occupancies -
$13.23/m2 of
$1.23/ft2 of building
Group F
building floor area.
floor area.
B. 1. e.
Minor Alterations - Groups
$10.98/m2 of
$1.02/ft2 of building
A, B, D, E & F
building floor area.
floor area.
B. 1. f.
Alterations & Repairs to
$13.16 for each
$13.16 for each
existing buildings or
$1,000.00 of
$1,000.00 of
building systems not
construction value
construction value
provided for above
or part thereof as
or part thereof as
determined by the
determined by the
Chief Building
Chief Building
Official.
Official.
B. 2.
Fireplace, woodstove,
$262.50
$262.50
insert, chimney. Solid fuel
appliance, stand alone
plumbing, HVAC or
mechanical, banking
machine
B. 3.
Basic Plumbing Fee
$65.80
$65.80
B. 4.
Sewage Disposal System
$735
$735
C.
Demolition
C. 1.
1. Part 9 {Residential)
$315
$315
C. 2.
2. Other {non-residential)
$735
$735
D.
Miscellaneous
D. 1.
Partial Occupancy
$210
$210
D. 2.
Change of Use
$210
$210
D. 3. a.
a. Transfer Permit
$210
$210
D. 3. b.
b. Deferral of Permit
$210
$210
D. 4.
Move a building
$210
$210
D. 5.
Conditional Permit,
$210
$210
Temporary Permit
D. 6.
Conditional Permit
$210
$210
Agreement
D. 7.
Occupancy Permit
$210
$210
{residential)
Page 21 of 29
I
Category Class of Permit
Metric
Imperial
D. 8.
Occupancy Permit (non-
$210
$210
residential)
D. 9.
Foundation only
15% of applicable class above
D. 10.
Alternative Solution
$735
$735
Review
D. 11.
Major Revision to Building
10% of original
10% of original
Drawings
permit fee
permit fee
E.
Administrative
E. 1.
Occupant Load Inspection
$210
$210
and Report
E. 2.
Re-inspect, defective and
$78.88/hour
$78.88/hour
incomplete work
E. 3.
After Hours Inspection
$78.88/hour,
$78.88/hour,
minimum 2 hours
minimum 2 hours
E. 4.
Inspection for Unit
$157.50
$157.50
Removal
E. 5.
Compliance and other
$150 base fee+
$150 base fee+
reports (fire, occupant
$78.88/hour for
$78.88/hour for
load, LCBO, zoning,
reports or actions
reports or actions
reports to other agencies,
exceeding three
exceeding three
solicitors and real estate
hours in preparation
hours in preparation
firms, file retrieval or
research related to
archived file)
E. 6.
Solar Panels & Rooftop
$336
$336
Units (RTU)
E. 7.
Refundable Building
$150
$150
Permit Deposit
Page 22 of 29
Schedule B - Plans, Documents and Specifications
Part 1
Class of Permit
Type of Permit Drawings and
(from Subsection
Supporting Documents
3.1. of this By-law)
(see Schedule B, Part 2)
Construction
New and
a. Site plan
Additions, all
b. Arch itectu ra I
groups
C. Structural
d. Meehan ical/electrica I
e. On-site sewage system
f.
Supporting documents confirming
compliance with applicable law and
required approvals
Interior
a. Site plan
Alterations and
b. Architectural
Renovations,
C. Structural
all groups
d. Mechanical/electrical
e. On-site sewage system
f.
Supporting documents confirming
compliance with applicable law and
required approvals
Designated
a. Site plan
Structures
b. Architectural
C. Structural
d. Mechanical/electrical
e. Supporting documents confirming
compliance with applicable law and
required approvals
Temporary
a. Site plan
Buildings
b. Architectural
C. Structural
d. Mechanical/electrical
e. Supporting documents confirming
compliance with applicable law and
required approvals
Demolition
Part 9
a. Site plan
Buildings
b. Supporting documents confirming
compliance with applicable law and
reouired approvals
Part 3
a. Site plan
Buildings
b. Structural
C. Supporting documents confirming
compliance with applicable law and
required approvals
Conditional
a. Supporting documents confirming
compliance with applicable law and
required approvals
Page 23 of 29
-
-
Class of Permit
Type of Permit Drawings and
(from Subsection
Supporting Documents
3.1. of this By-law)
(see Schedule B, Part 2)
Change of Use
a. Arch itectu ra I
b. Supporting documents confirming
compliance with applicable law and
required approvals
Occupancy
a. Supporting documents confirming
compliance with applicable law and
required approvals
Part2
1. Site Plan
a) Legal description, location and orientation of property lines, property
dimensions, compass orientation, location and name(s) of all adjacent
streets and roads and all rights-of-way and easements.
b) Outline of all existing and proposed buildings and structures, building
dimensions and their distance to property lines and other buildings.
c) Dimensions and location of fire routes, fire department connections,
parking and vehicle access.
d) Dimensions and location of barrier-free parking, curb cuts, paths of travel
to building and building access, retaining walls, swimming pools.
e) All existing and proposed services for water, sewer, hydro and gas.
f) Top of foundation elevation and the underside of footing elevations for all
buildings, and the proposed finished surface grade adjacent to
buildings.
g) Any additional drawings, information and specifications as determined by
the Chief Building Official.
h) A drainage plan shall be required and done by a qualified person
illustrating land drainage and storm water management showing catch
basins, ponding areas, intended direction of surface flows, impediments to
the free flow of water, storm water management report, if applicable, on-
site storm water management facilities for quantity and quantity controls
and overland flows for development. This is required if the development is
not subject to a Site Plan Agreement.
i) A Rapid Access Management (RAM) box shall be required when a
building requires a fire alarm. This requirement shall be added to the
building plans.
j) The scale to which the plan is drawn.
Page 24 of 29
2. Architectural
a) Existing and proposed floor plans indicating room and space identification,
fire separations, size and dimensions, structural framing of floors and
locations of all openings.
b) Roof plan showing structural framing, roof slope, drainage and roofing
construction details.
c) Building elevations showing grade height, floor and ceiling heights,
overall building height from average grade, eave heights from average
grade, exterior finish materials, window heights and sizes and spatial
separation requirements and calculations.
d) Construction details of walls, floors, ceilings, roofs, stairs, guards,
fireplaces and other significant design details including heights, materials
and specifications.
e) Location and details of all barrier free facilities and paths of travel.
f) Building Code and energy efficiency matrices.
g) Any additional drawings, information and specifications as determined by
the Chief Building Official.
h) The scale to which the plan is drawn.
3. Structural
a) Foundation plans, floor and roof framing plans, footing, column and beam
schedules, structural details and material specifications.
b) Design specifications, live and dead loading, wind and snow loading,
earthquake loading, geotechnical report design basis.
c) All reinforced concrete work including thickness and strength of concrete
and size, spacing, minimum cover and type of reinforcing steel.
d) Roof and floor truss drawings sealed by a professional engineer.
e) Guard design, where applicable.
f) Any additional drawings, information and specifications as determined by
the Chief Building Official.
g) The scale to which the plan is drawn.
4. Mechanical and Electrical
a) Heating, ventilating and air conditioning designs and plans, equipment
layout and schedules.
b) Heat loss and gain calculations, ventilation design summary and the sizing
of heating and cooling equipment, where applicable.
Page 25 of 29
c) Sprinkler and standpipe drawings including floor plans, riser diagrams and
fire department connections.
d) Piping and drainage plans of all above ground and underground plumbing
systems.
e) Location and specification of lighting, emergency lighting, exit signs,
emergency power and fire alarm and detection systems and carbon
monoxide detection.
f) Methods employed to maintain integrity of fire separations such as
damper and fire stopping locations and specifications.
g) Any additional drawings, information and specifications as determined by
the Chief Building Official.
h) The scale to which the plan is drawn, where applicable.
5. On-site Sewage System
a) A current site evaluation report.
b) Name, address, telephone, fax, email of the person who prepared the
evaluation report.
c) Name, address, telephone, fax, email, licence number and date of
issuance of the on-site sewage system installer and the name of the
qualified person supervising the work to be done under the permit.
d) Depth to bedrock.
e) Depth to zones of saturation.
f) Soil properties, including soil permeability, and
g) Soil conditions including potential for flooding
h) A scaled site plan showing:
i)
Legal description, lot size, property dimensions, rights-of-way,
easements and municipal/utility corridors.
ii)
Location and clearances of items listed in Column 1 of Tables
8.2.1.5., 8.2.1 .6.A., 8.2.1.6.B., and 8.2.1.6.C. of Division C of the
Building Code.
iii)
Location of the proposed on-site sewage system on the property.
iv)
Location of any unsuitable, disturbed or compacted areas.
v)
Proposed access routes for maintenance.
Any additional drawings, information and specifications as determined by
the Chief Building Official.
Page 26 of 29
6. Supporting Documents
The applicant shall submit the following supporting documents to confirm
compliance with applicable law and other required approvals:
a) A survey of the property prepared by an Ontario Land Surveyor or a
professional engineer, when deemed required.
b) The registered plan and lot numbers and the municipal address for the
property.
c) Approval from the Corporation's Planning Division that the proposed use
of the property complies with the municipal Zoning By-law.
d) Approval from the Corporation's Operations and Engineering Department
that:
i)
the lot grading, road access/entrance requirements and fire break
controls have been approved, when applicable;
ii)
the requirements of a Subdivider's Agreement have been
completed satisfactorily with respect to a building permit, when
an application for permit relates to an undeveloped lot within a
plan of subdivision; and
iii)
a Development Agreement has been registered, when a property
is regulated by site plan control.
e) Approval from the Ministry of Natural Resources and Forestry where the
proposed development of the property may affect the land as regulated
within their jurisdiction.
f) Approval from the Ministry of the Environment and Climate Change that
the proposed development and use of land satisfies the Ministry's
requirements, if applicable.
g) Confirmation that all development charges, lot levies and other charges
and fees required by any municipal by-law have been paid in full, where
deemed applicable.
Note: The Chief Building Official may require more or less of any specified
drawings or documents to suit the application being considered.
Page 27 of 29
Schedule "C" - Set Fines
City of Pembroke
By-Law 2025-83: Prescribing Standards for the Regulation of the Building By-law
Within the City of Pembroke
Part 1 Provincial Offences Act
Item
Number
Short Form Wording
Provision
Creating or
Defining
Offence
Set Fine
1.
Property Owner - Construct
building without permit
s.8(1)
$350.00
2.
Property Owner - Cause
construction of building without
permit
s. 8(1)
$350.00
3.
Property Owner - Demolish building
without permit
s.8(1)
$350.00
4.
Property Owner - Cause demolition
of building without permit
s.8(1)
$350.00
5.
Property Owner - Change plans
without authorization
s.8(12)
$350.00
6.
Property Owner - Construct
building not in accordance with
plans
s.8(13)
$350.00
7.
Property Owner - Change the use of
building without permit
s.10(1)
$350.00
8.
Property Owner - Occupy newly
erected building without notice or
inspection
s.11(1)
$350.00
9.
Property Owner - Obstruct or
remove posted order without
authorization
s.20
$400.00
10.
Property Owner - Furnish false
information on permit application
s.36(1)(a)
$400.00
11.
Property Owner - Commence
demolition before building vacated
Div. C sentence
1.3.1.1(4) of the
Building Code
$400.00
12.
Property Owner - Fail to post permit
on construction site
Div. C article
1.3.2.1 of the
Building Code
$250.00
Item
Number
Short Form Wording
Provision
Creating or
Defining
Offence
Set Fine
13.
Property Owner - Fail to post permit
on demolition site
Div. C article
1.3.2.1 of the
Building Code
$250.00
14.
Property Owner - Fail to provide
notification of construction phase
Div. C sentence
1.3.5.1(2) of the
Building Code
$250.00
15.
Property Owner - Occupy a building
without requirements set out in
Section 11 being met
s.11(1)
$250.00
16.
Failure to comply with an Order
s.36(1)(b)
$500.00
17.
Property Owner - Hinder or obstruct
person lawfully carrying out
enforcement duties
s.19(1)
$500.00
18.
Builder - Construct building without
permit
s.8(1)
$600.00
19.
Builder - Cause construction of
building without permit
s.8(1)
$600.00
20.
Builder - Demolish building without
permit
s.8(1)
$400.00
21.
Builder - Cause demolition of
building without permit
s.8(1)
$400.00
22.
Builder - Change plans without
authorization
s.8(12)
$400.00
23.
Builder - Construct building not in
accordance with plans
s.8(13)
$400.00
24.
Builder - Change the use of building
without permit
s.10(1)
$600.00
25.
Builder - Occupy newly erected
building without notice or inspection
s.11(1)
$600.00
26.
Builder - Obstruct or remove posted
order without authorization
s.20
$600.00
27.
Builder - Furnish false information on
permit application
s.36(1)(a)
$600.00
28.
Builder - Commence demolition
before building vacated
Div. C sentence
1.3.1.1(4) of the
Building Code
$700.00
Item
Number
Short Form Wording
Provision
Creating or
Defining
Offence
Set Fine
29.
Builder - Fail to post permit on
construction site
Div. C article
1.3.2.1 of the
Building Code
$400.00
30.
Builder - Fail to post permit on
demolition site
Div. C article
1.3.2.1 of the
Building Code
$400.00
31.
Builder - Fail to provide notification of
construction phase
Div. C sentence
1.3.5.1(2) of the
Building Code
$500.00
32.
Builder - Hinder or obstruct person
lawfully carrying out enforcement
duties
s.19(1)
$700.00
NOTE: The General penalty provisions for the offences listed above is Section 36 of
the Building Code Act, 1992, S.O. Ch. 2
The fine amounts listed above have been approved by the Regional Senior Justice.
Dated: November 21, 2025
Electronic Signature:
W. Vincent Clifford
Regional Senior Justice
Ontario Court of Justice - East Region