By-law Number 10-048, To Regulate Construction, Demolition, and Change of Use Permits for Buildings, Structures, and All Other Related Services within the City of Peterborough
This is the exact embedded text of the captured official document.
Snapshot 8b2db0ec034c · verified 2026-09-25 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE CITY OF PETERBOROUGH
BY-LAW NUMBER 10-048
BEING A BY-LAW TO REGULATE CONSTRUCTION, DEMOLITION,
AND CHANGE OF USE PERMITS FOR BUILDINGS, STRUCTURES,
AND ALL OTHER RELATED SERVICES WITHIN THE CITY OF
PETERBOROUGH, AND TO REPEAL BY-LAW NUMBER 1968-150, AS
AMENDED
BY-LAW NUMBER 10-048...................................................................................3
1.
SHORT TITLE............................................................................................3
2.
TERMS AND DEFINITIONS ......................................................................3
3.
ADMINISTRATIVE PROCEDURES RELATING TO PERMITS ................5
3.1
General Requirement ......................................................................5
3.2
Revision to Permit ...........................................................................5
3.3
Revocation of Permits .....................................................................6
3.4
Deferral of Revocation.....................................................................6
3.5
Transfer of Permits..........................................................................6
3.6
Posting of Permits ...........................................................................6
3.7
Incomplete Applications...................................................................6
3.8
Abandoned Permits.........................................................................6
4.
CLASSES OF PERMITS ...........................................................................7
5.
DOCUMENTATION REQUIREMENTS TO SUPPORT PERMIT
APPLICATION...........................................................................................7
5.1
All Applications ................................................................................7
5.2
Building and Demolition Permit Application.....................................7
5.3
Conditional Permit Application.........................................................8
5.4
Change of Use Permit Application...................................................8
5.5
Equivalent Materials Application......................................................9
5.6
Sewage System Permit Application.................................................9
5.7
Applications where work has commenced without a Building
Permit9
5.8
Ownership of Plans .........................................................................9
5.9
The Site Development Plan.............................................................9
5.10 Payment of Fees ...........................................................................10
5.11 Refund of Fees..............................................................................10
6.
ISSUANCE OF PERMITS........................................................................10
6.1
Issuance of Permits.......................................................................10
6.2
Issuance of Partial Permits............................................................11
6.3
Issuance of Conditional Permits ....................................................11
6.4
Notwithstanding Clause.................................................................11
7.
INSPECTIONS AND NOTICE REQUIREMENTS FOR INSPECTIONS ..11
7.1
Prescribed Notices and Inspections ..............................................11
7.2
Time Frame for Prescribed Inspection after Notice is Given .........11
7.3
Additional Notices and Inspections................................................11
8.
AS CONSTRUCTED PLANS...................................................................11
9.
FENCING AT CONSTRUCTION AND DEMOLITION SITES ..................11
9.1
Requirement..................................................................................11
9.2
Design Considerations ..................................................................12
10.
Administrative Procedures Relating to Permit Fees...........................12
10.1 Collection of Permit Fees ..............................................................12
10.2 Changing Permit Fees...................................................................12
10.3 Reporting of Permit Fees and Costs of Building Code
Administration and Enforcement ...................................................12
10.4 Refunds.........................................................................................12
11.
MISCELLANEOUS ..................................................................................13
12.
PENALTIES.............................................................................................13
13
REPEAL 13
14.
EFFECTIVE DATE......................................... Error! Bookmark not defined.
SCHEDULE "A" - CLASSES OF PERMITS ............ Error! Bookmark not defined.
SCHEDULE "B" DOCUMENTATION REQUIREMENTS ..................................15
Appendix 1 Single Dwellings and Small Buildings:.................................16
Appendix 2 ICI Structures:.....................................................................19
SCHEDULE "C" CONDITIONAL PERMIT AGREEMENT.................................21
SCHEDULE "D"ACKNOWLEDGEMENT OF INCOMPLETE PERMIT
APPLICATION.........................................................................................22
THE CORPORATION OF THE CITY OF PETERBOROUGH
BY-LAW NUMBER 10-048
BEING A BY-LAW TO REGULATE CONSTRUCTION, DEMOLITION,
AND CHANGE OF USE PERMITS FOR BUILDINGS, STRUCTURES,
AND ALL OTHER RELATED SERVICES WITHIN THE CITY OF
PETERBOROUGH, AND TO REPEAL BY-LAW NUMBER 1968-150, AS
AMENDED
WHEREAS Section 7 of the Building Code Act, 1992 S. O., Chapter 23 as
amended empowers Council to pass certain by-laws respecting construction,
demolition, change of use, transfer of permits, inspections and the setting and
refund of fees and related matters;
AND WHEREAS in accordance with Sections 3(1) and 3(2) of the Building Code
Act, 1992, the municipal council of the City of Peterborough has appointed a
Chief Building Official and such inspectors as are necessary for the enforcement
of the Building Code Act, 1992;
AND WHEREAS Section 8(1) of the Building Code Act, 1992, prohibits the
construction or demolition of a building unless a permit has been issued by the
Chief Building Official;
AND WHEREAS Section 8(1.1) of the Building Code Act, 1992, permits a person
specified by regulation to use a prescribed form, or a form approved by the
Minister, to apply for a permit to construct or demolish a building provided such
permit is accompanied by the documents and information specified by regulation;
AND WHEREAS the Chief Building Official shall issue a permit referred to in
subsection 8(1) of the Building Code Act, 1992 provided all the requirements
Section 8(2) have been met, including, but not limited to, satisfying all the
requirements of applicable law;
THEREFORE THE CORPORATION OF THE CITY OF PETERBOROUGH BY
THE COUNCIL THEREOF HEREBY ENACTS AS FOLLOWS:
1.
SHORT TITLE
1.1
This by-law may be cited as the "Building By-law."
2.
TERMS AND DEFINITIONS
2.1
Definitions
a.
In this By-law, the following words shall have the following
meanings:
Act - means the Building Code Act, S.O. 1992, Ch. 23, as
amended.
Applicable Law - means the enumerated list of applicable law
contained in the Building Code, as amended from time-to-time.
Applicant - means the Owner of a Building or property, or an
Authorized Agent, who applies for a Permit, or any Person
empowered by statute to cause the Demolition of a Building or
Buildings and anyone acting under the authority of such Person.
Architect -means a holder of a license, a certificate of practice, or
a temporary license under the Architects Act, R.S.O. 1990, c.
A.26.
Authorized Agent - means a person, authorized in writing by an
Owner to act on the Owner's behalf for matters relating to a Permit
application.
Building Code - means the regulations made under Section 34 of
the Act.
Change of Use - whether Work is performed or not, means:
i.
The change of use of a Building or part of a Building; or
ii.
Permitting a change of use of a Building or part of a Building
if such change of use results in an increase in hazard, as
determined in accordance with the Building Code.
Chief Building Official - means the Chief Building Official
appointed by by-law of the Corporation of the City of Peterborough
for the purposes of enforcement of the Act, and shall include such
designates as may be appointed to act in the absence of the Chief
Building Official.
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 or structure fabricated or moved from
elsewhere and "Construction" has a corresponding meaning.
Demolish - means to do anything in the removal of a Building or
any material part thereof and "Demolition" has a corresponding
meaning.
Floor Area - for the purposes of this bylaw, floor area shall have
the same meaning as "gross floor area" as defined in the Building
Code.
Foundation Pinning - means the process of controlling, to a high
degree of accuracy, the location of a new building foundation by
setting steel rods or pins within a foundation's footing prior to
pouring the concrete for the footing.
Minister - means the Minister of Municipal Affairs and Housing, or
such other minister of the Provincial Crown who has responsibility
for administering the Building Code Act;
Municipality - means the City of Peterborough.
Owner - means the registered owner of the land and includes a
lessee, mortgagee in possession, and the person in charge of
property.
Permit - means written permission or written authorization from the
Chief Building Official to perform work regulated by this by-law and
the Act, or to change the use of a Building or part of a Building or
parts thereof as regulated by the Act.
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.
Person - as the context requires, means a person or a corporation.
Professional Engineer - means a Person who holds a license or a
temporary license under the Professional Engineers Act, R.S.O.
1990. c. P.28.
Sewage System - means a sewage system as defined in the
Building Code.
Single Dwelling - means:
i.
A structure containing only one dwelling unit; or
ii.
A structure containing two or more attached dwelling units
which are separated vertically, and with each dwelling unit
having an independent entrance directly to the exterior.
Temporary Structure - means, tents, greenhouses, fabric covered
structures and other such structures not to be erected for more than
6 months on a property and not to be re-erected on a property
within 1 year of the previous installation.
Work - means Construction or Demolition of a Building, or part
thereof, as the case may be.
b.
In this By-law the following terms shall have the same meaning as
contained in the Act and/or the Building Code, as the case may
be:
As Constructed Plans
Building
Farm Building
Plumbing
3.
ADMINISTRATIVE PROCEDURES RELATING TO PERMITS
3.1
General Requirement
No person shall:
a.
Construct or Demolish or cause to be Constructed or Demolished a
Building;
b.
Occupy or use a Building for which a Permit is required; or
c.
Change the use of a Building;
unless a Permit has been issued by the Chief Building Official.
3.2
Revision to Permit
After the issuance of a Permit under the Act, notice of any material change
to a plan, specification, document or other information upon which basis
the permit was issued, shall be given in writing, to the Chief Building
Official together with the details of such change and no such change to the
Work shall be made without the Chief Building Official's written
authorization and without the payment of all applicable fees, as may be
required.
3.3
Revocation of Permits
a.
The Chief Building Official, subject to subsection 8(10) of the Act,
may revoke a Permit.
b.
Prior to revoking a permit under subsections 8(10)(b) and (c) of the
Act, the Chief Building Official shall give written notice of intention
to revoke the Permit to the Permit Holder at his last known address
and if on the expiration of thirty (30) days from the date of the such
notice, the grounds for revocation continues to exist, the permit
may be revoked without further notice and all submitted plans and
other information may be disposed of.
3.4
Deferral of Revocation
A Permit Holder may, within thirty (30) days from the date of service of a
notice under subsection 3.3 of this By-law, request in writing that the Chief
Building Official defer the revocation by stating reasons why the permit
should not be revoked by the Chief Building Official. The written request
shall have regard to the Act, Building Code or other applicable law.
3.5
Transfer of Permits
When the lands upon which a Permit has been issued changes
ownership, the Permit is transferable only after the new owner has
completed a Permit application satisfying the requirements of Section 5 of
this By-law and paid the non-refundable fee as applicable.
3.6
Posting of Permits
Every Permit Holder shall post, conspicuously on the work site, the Permit
placard issued with the Permit and, until the Work is complete, shall be
responsible for maintaining the Permit placard in a legible condition.
3.7
Incomplete Applications
If the Chief Building Official determines that a Permit application is
incomplete, or otherwise does not comply with the Building Code, the
Chief Building Official may elect to process the Permit application provided
the Applicant completes the form set out in Schedule "D".
3.8
Abandoned Permits
A Permit application shall be deemed to have been abandoned by the
Applicant if:
a.
The Permit application is incomplete, as determined by the Chief
Building Official, and remains incomplete three (3) months after it
was submitted; or
b.
The Permit application is complete, a Permit is available to be
issued, and six (6) months has elapsed from the date upon which
the Owner was notified that the Permit was available.
All incomplete and abandoned Permit applications shall be considered
void and all submitted plans and documents may be destroyed by the
Municipality.
4.
CLASSES OF PERMITS
The classes of Permits, with respect to the Construction, Demolition and
Change of Use of Buildings, shall be as set out in Schedule "A".
5.
DOCUMENTATION REQUIREMENTS TO SUPPORT PERMIT
APPLICATIONS
5.1
All Applications
To obtain a Permit, the Owner, or Authorized Agent, shall file a Permit
application in writing by completing the prescribed Provincial form
available at the offices of the Municipality or from the Building Code
website (www.obc.mah.gov.on.ca) and by:
a.
Completing any additional forms prescribed by the Municipality
under subsection 7 (1)(f) of the Act as contained within the
schedules to this bylaw;
b.
Submitting all approvals required so that the proposed work shall
not contravene any Applicable Law; and
c.
Submitting the required fee(s); and
d.
If applicable, submitting the following, for new single detached,
duplex or semi-detached dwellings:
i.
In the case of land in respect of which an accepted area or
subdivision grading plan has been filed with the Director of
Planning and Development, a lot grading plan bearing the
signature and seal of the subdivision owner's professional
engineer who is responsible for the overall subdivision
grading certifying thereon that the lot grading plan conforms
with the accepted area or subdivision grading plan filed with
the Director of Planning and Development; or
ii.
In the case of land in respect of which no accepted area or
subdivision grading plan has been filed with the Director of
Planning and Development, a lot grading plan bearing the
signature and seal of a professional engineer, or a
Landscape Architect (a member of the Ontario Association
of Landscape Architects) or an Ontario Land Surveyor who
certifies that the drainage scheme depicted by the plan will
be compatible with the existing drainage pattern unless this
requirement is waived by the Chief Building Official.
5.2
Building and Demolition Permit Application
Every Permit application, as described in section 5.1 of this By-law, for a
Building or Demolition Permit shall be submitted to the Chief Building
Official, and shall include:
a.
Complete
plans
and
specifications,
documents
and
other
information as required by the Building Code and as described in
Schedule "B" for the Work to be covered by the Permit; or
b.
Where application is made for a Demolition permit under
subsection 8(1) of the Act, in addition to subsection 5.2(a) of this
By-law, include proof, satisfactory to the Chief Building Official, that
arrangements have been made with the proper authorities for the
disconnection, cutting off and capping of all services and/or utilities.
5.3
Conditional Permit Application
Every application, as described in section 5.1 of this By-law, for a
conditional Permit under subsection 8(3) of the Act, shall be submitted to
the Chief Building Official, and shall include:
a.
Complete
plans
and
specifications,
documents
and
other
information as required by the Building Code and as described in
Schedule "B" for the work to be covered by the Permit;
b.
A statement in writing of the reasons why the applicant believes that
unreasonable delays in Construction would occur if a conditional
Permit is not granted;
c.
A statement in writing of the necessary approvals which must be
obtained in respect of the proposed Building and the time by which
such approvals shall be obtained;
d.
A statement in writing of the time by which plans and specifications
of the complete Building shall be filed with the Chief Building
Official; and
e.
A written agreement, in the form attached in Schedule "C" and
provided by the Chief Building Official, executed by the applicant,
the owner and such other necessary persons the Chief Building
Official determines for the purposes set out in the Act.
5.4
Change of Use Permit Application
Every Permit application, as described in section 5.1 of this By-law, for a
Change of Use Permit issued under subsection 10(1) of the Act, shall be
submitted to the Chief Building Official, and shall include:
a.
Complete
plans
and
specifications,
documents
and
other
information as required by the Building Code and as described in
Schedule "B" for the work to be covered by the Permit;
b.
A statement describing the Building in which the occupancy is to be
changed, by a description that will readily identify and locate the
building;
c.
A detailed statement identifying the current and proposed
occupancies of the Building or part of a Building for which the
applications is made;
d.
Plans and specifications showing the current and proposed
occupancy of all parts of the Building, and which contain sufficient
information to establish compliance with the requirements of the
Building Code, including floor plans; details of wall, ceiling and
roof assemblies identifying required fire resistance ratings and load
bearing capacities, details of the existing Sewage System, if any;
e.
The name, address and telephone of the Owner; and
f.
The signature of the Owner, or the Authorized Agent, who shall
certify the truth of the contents of the Permit application.
5.5
Equivalent Materials Application
A Permit application, as described in section 5.1 of this By-law, for a
Permit or for authorization to make a material change to a plan,
specification, document or other information on the basis of which a
Permit was issued, contains an equivalent material, system or building
design for which authorization under section 9 of the Act is requested,
shall include:
a.
A description of the proposed material, system or building design
for which authorization under section 9 of the Act is requested;
b.
Reference to all applicable provisions of the Building Code;
c.
Sufficient evidence that the proposed material, system or building
design will provide the level of performance required by the
Building Code.
This information must either accompany a Permit application, or be
incorporated into the request for authorization to make a material change
to plans, specifications, document or other information on which basis a
Permit has been issued.
5.6
Sewage System Permit Application
Application for Sewage Systems permits for items including, but not
limited to, septic tanks, tile beds and area beds shall be made to the
Peterborough County/City Health Unit.
5.7
Applications where work has commenced without a Building Permit
In every instance where construction has commenced without the required
building permit having been obtained from the Chief Building Official, an
administrative fee as approved by City Council will be applied to the
required permit fee.
5.8
Ownership of Plans
Plans and specifications furnished according to this By-law, or otherwise
required by the Act, shall become the property of the Municipality and
shall be disposed of or retained in accordance with applicable municipal
by-law(s) and/or provincial legislation.
5.9
The Site Development Plan
A site plan development, made with reference to a current plan of survey
certified by an Ontario Land Surveyor or a legal copy of such a survey,
shall be filed with the Municipality. The Chief Building Official may waive
this requirement provided he has determined that the proposed Work
conforms to the Act, the Building Code, and to all other Applicable Law
without the need to review a current plan of survey.
For a new Building (except an accessory building as defined in the City of
Peterborough zoning by-law), and where the proposed setback for the
Building is less than 0.3048 metres (or one (1.00) foot) greater than the
applicable minimum setback required under the Municipality's Zoning By
law, or as otherwise directed by the Chief Building Official, the Building's
foundation shall be pinned by an Ontario Land Surveyor. The Chief
Building Official may waive this requirement.
All site development plans shall show all information as set out in the
applicable appendix of Schedule "B".
5.10 Payment of Fees
a.
The fees for a Permit, as approved by City Council shall be due and
payable upon the submission of a Permit application.
b.
Where a Permit has been issued and a final inspection verifying
completion of the Work has not been requested within four (4) years
from the date of issuance, a File Maintenance fee shall be imposed
in accordance with approved fees. If the File Maintenance fee is not
received by the Municipality within thirty (30) days of mailing of an
invoice, the Municipality shall add all outstanding fees and charges
imposed by this By-law to the tax roll upon the real property for
which the initial Permit was issued. The said fees and charges shall
be collected in the same manner as Municipal Taxes.
5.11 Refund of Fees
a.
The fees that may be refunded, should construction not proceed,
shall be a percentage of the fees payable under this by-law as
follows:
i.
80%
if
building
administrative
functions
have
been
performed (i.e. content review, completeness verification,
logging of application and creation of a digital record)
ii.
70% if building administrative and zoning review functions
have been performed
iii.
45% if building administrative, zoning review and plans
examination functions have been performed
iv.
30% if the permit has been issued and no field inspections
have been performed subsequent to permit issuance
v.
5 % shall be additionally deducted from the refund above for
each field inspection that has been performed after the
permit has been issued
b.
Notwithstanding paragraph 5.11(a) above, no refund shall be made
of an amount less that $60.00.
c.
All requests for refunds shall be made in writing and must be
submitted to the Building Division within 6 months of the date of
application.
6.
ISSUANCE OF PERMITS
6.1
Issuance of Permits
The Chief Building Official, subject to provisions outlined in subsection
8(2) of the Act, has the authority to issue a:
Building Permit;
Demolition Permit;
Change of Use Permit;
Conditional Permit;
Occupancy Permit
Partial Permit; and/or
Temporary Structure Permit
As each is described in Schedule "A".
6.2
Issuance of Partial Permits
The Chief Building Official, subject to provisions outlined in sections 7 and
8(2) of the Act, has the authority to issue a Partial Permit, as described in
Schedule "A".
6.3
Issuance of Conditional Permits
The Chief Building Official, subject to provisions outlined in subsections
8(3) and 8(5) of the Act, has the authority to issue a Conditional Permit, as
described in Schedule "A".
6.4
Notwithstanding Clause
The Chief Building Official shall not, by reason of the issuance of a Permit
or Permits, for a part or parts of the Building, issued under Section 6 of
this By-law, be under any obligation to grant any further Permit or Permits
thereof.
7.
INSPECTIONS AND NOTICE REQUIREMENTS FOR INSPECTIONS
7.1
Prescribed Notices and Inspections
A Permit Holder or Authorized Agent shall notify the Building Department
of the Municipality at least two (2) business days in advance of the stages
of Construction as specified in the Building Code.
7.2
Time Frame for Prescribed Inspection after Notice is Given
After notice has been given under the Building Code, an inspector shall
undertake a site inspection not later than two (2) business days after the
notice is given. A business day excludes Saturdays, Sundays, holidays
and all other days when the offices of the Municipality are closed.
7.3
Additional Notices and Inspections
To arrange an inspection, a Permit Holder or Authorized Agent shall notify
the Building Department of the Municipality at least two (2) business days
in advance of each stage of Construction as specified in the Building
Code.
8.
AS CONSTRUCTED PLANS
The Chief Building Official, at his or her discretion, may require, under
such conditions as may be prescribed in the Building Code, that a set of
As Constructed Plans for a Building, or any class of Buildings, be filed with
the Chief Building Official upon the completion of the Construction.
9.
FENCING AT CONSTRUCTION AND DEMOLITION SITES
9.1
Requirement
Where, in the opinion of the Chief Building Official, a construction or
demolition site presents a particular hazard to the public, the Chief
Building Official may require the erection of such fencing, as he or she
deems appropriate to the circumstances.
9.2
Design Considerations
In considering the hazard presented by the construction or demolition site,
the necessity for fencing and the height and characteristics such fencing,
the Chief Building Official shall have regard for:
a.
The proximity of the Building site to other buildings;
b.
The proximity of the Construction or Demolition site to lands
accessible to the public;
c.
The hazards presented by the Construction or Demolition and
materials;
d.
The feasibility and effectiveness of such fences; and
e.
The duration of the hazard.
10.
Administrative Procedures Relating to Permit Fees
10.1 Collection of Permit Fees
The Chief Building Official, subject to provisions outlined in subsections
7(1)(c) and 7(2) of the Act, and in the Building Code, has the authority to
collect and administer permit fees, in accordance with the Annual Budget
By-law, for the purpose of:
a.
Recovering direct and indirect costs of the administration and
enforcement of the Act; and/or
b.
Establishing a reserve fund for any purpose relating to the
administration or enforcement of the Act.
10.2 Changing Permit Fees
Notice to the public, as outlined in the Building Code, shall be undertaken
by the Municipality before passing a By-law under subsection 7(c) of the
Act to introduce or change a fee imposed for Permit applications or for the
issuance of Permits. Permit fees may be amended by Council from time
to time, and the amended fees schedule will be available in the Building
Division offices or on the City of Peterborough website.
10.3 Reporting of Permit Fees and Costs of Building Code Administration
and Enforcement
An annual report, as outlined in the Building Code, shall be prepared by
the Chief Building Official and the Senior Director of Corporate Services,
or their designates.
10.4 Refunds
a.
Upon written request from the Owner, in the case of withdrawal of a
Permit application or abandonment of all, or a portion of, the Work
or the non-commencement of any project, the Chief Building Official
shall determine, in accordance with Section 5.11, the amount of
Permit fees paid that may be refunded to the Applicant, if any.
b.
There shall be no refund of Permit fees where a Permit has been
revoked under subsection 8(10) of the Act.
11.
MISCELLANEOUS
11.1 If any court of competent jurisdiction determines that any provision of this
By-law is unlawful, or that the jurisdiction of the Council is invalid for any
other reason, such provisions shall be deemed to be severable and shall
not invalidate any of the other provisions of the By-law which shall remain
in full force and effect.
11.2 This By-law is to be read in conjunction with all the statutes referred to in
the preamble hereto and in the event that there is a conflict between the
provisions of this By-law and the provisions of the Act, or its regulations,
then the provisions of the Act, prevail to the extent of the conflict.
11.3 The Council of the Municipality shall appoint a Chief Building Official and
such inspectors as are necessary for the carrying out of this By-law
11.4 Schedules "A", "B", "C" & "D" attached hereto shall form part of this By-law.
11.5 A Code of Conduct for the Chief Building Official, the Deputy Chief
Building Official and inspectors shall be maintained by the Municipality, in
accordance with the provisions of the Act.
12.
PENALTIES
12.1 In addition to any other penalties prescribed by law, every person who:
a.
Knowingly furnishes false information in any application under this
By-law; or
b.
Contravenes any provision of this By-law
is guilty of any offence and is subject to a penalty pursuant to the
Provincial Offences Act, R.S.O. 1990, c. P.33 in accordance with
Section 36 of the Building Code, as amended.
12.2 The conviction of a person for breaching any provisions of this By-law or
the Building Code shall not operate as a bar to a further prosecution
against the same person for any continued or subsequent breach of any
provision of this By-law or the Building Code. A judge or justice of the
peace may convict any person repeatedly for any continued or
subsequent breaches of this By-law or the Building Code and the
provisions of the Building Code, shall further apply to any continued or
repeated breach of this By-law
13
REPEAL
13.1 By-law No. 1968-150, as amended, is hereby repealed.
John Kennedy, Deputy Clerk
D. Paul Ayotte, Mayor
14.
EFFECTIVE DATE
14.1 This By-law shall take effect on the day it receives third reading.
By-law read a first, second and third time this 22nd day of March, 2010.
SCHEDULE "A" - CLASSES OF PERMITS
BUILDING
PERMITS
To be issued to authorize all types of Construction governed by
the Act and the Building Code, including, but not limited to, a
Building, Farm Building, park model trailers, plumbing and HVAC
(Stand-alone), public pools, public spas, structure, sign, tents,
and the following Designated Structures, as defined in the
Building Code, communication towers, crane runway, dish
antenna, outdoor pool (public), pedestrian bridge, retaining
walls, solar collector, and storage tanks.
CHANGE OF USE
PERMIT
Issued where required to ensure compliance with Section 10(1)
of the Act
CONDITIONAL
PERMIT:
Issued in accordance with Section 8(3) of the Act.
The Chief Building Official is hereby authorized to execute the
written agreement referred to in subsection 5.3 herein on behalf
of the Municipality where:
i.
The applicant has complied with subsection 5.3 herein;
and
ii.
The Chief Building Official is satisfied that the compliance
required under Section 8 of the Act had been achieved.
DEMOLITION
PERMIT
Issued to authorize the Demolition of all or part of a Building or a
Designated Structure.
OCCUPANCY
PERMIT
Issued upon the completion of all building systems required for
occupancy as outlined in the Ontario Building Code.
PARTIAL PERMIT
Issued when, a Permit is applied for in accordance with
subsections 5.1, 5.2, 5.3, and 5.5, and 5.6 of this
By-law 10-048, and the Chief Building Official desires to
expedite Construction of a portion of a Building or project prior
to the issuance of a Permit for the remainder of the building or
project. Such a permit shall be called a "phase (no.#) Permit"
Where a Partial Permit is issued for part of Building or project,
no Construction beyond that authorized shall occur. Nor does
the issuance of a Partial Permit mean that approval will be
given for the remainder of Building or project.
SCHEDULE "B" DOCUMENTATION REQUIREMENTS
Appendix 1 Single Dwellings and Small Buildings:
Appendix 1 of Schedule "B" sets out the requirements for plans and documents for
single dwellings and small buildings (New Construction, Additions and Accessory
Structures)
which must be submitted along with a Permit application. Permit
applications will not be accepted where any of the information required by the Chief
Building Official is not submitted.
1.
Two (2) sets of site development and grading plans must be submitted
and show the following:
a.
Lot size and the dimensions of property, and location/dimensions of all
existing and proposed Buildings (setback to property lines & distance
to other Buildings);
b.
Location and dimensions of all proposed and existing roads, rights-of
way, easements and municipal services;
c.
Elevations of proposed and existing grades and the proposed finished
first floor elevations of all Buildings;
d.
Location and dimensions of any on-site Sewage System, (tank, tile
field, and mantle);
e.
Location and depth of the municipal sewer lateral;
f.
Location of municipal water services connection, or of a private well;
g.
Location, dimensions, and slopes of grading features, (i.e. swales,
drywells, retaining walls); and
h.
Slope of driveways and top elevation of finished garage floor slab.
2.
Two (2) sets of a foundation plan drawn to scale and fully dimensioned
showing:
a.
The use of every room, and space and finished or unfinished
spaces;
b.
All structural framing (joists, beams columns and lintels etc.);
c.
Location, size and dimensions of all footings and spacing of
footing pads;
d.
Foundation wall type and thickness;
e.
Manufacturer's proprietary floor system layout bearing the seal
of a Professional Engineer;
f.
Location of all plumbing fixtures;
g.
The identity of all building materials and/or a reference to a
schedule or legend identifying same;
h.
Location of smoke alarms and carbon monoxide detectors; and
i.
Location of floor drain and sump pump.
3.
Two (2) sets of floor plans drawn to scale and fully dimensioned
showing:
a.
The use of every room or space;
b.
All structural framing;
c.
Manufacturer's proprietary floor system layout, if any, bearing the seal
of a Professional Engineer;
d.
Location of all plumbing fixtures;
e.
Location of smoke alarms and carbon monoxide detectors; and
f.
The identity of all building materials and/or reference to a schedule or
legend identifying same.
4.
Two (2) sets of roof plans drawn to scale and fully dimensioned
showing:
a.
Manufacturer's roof truss layout bearing the seal of a Professional
Engineer or
b.
Rafter and ceiling joist layout and design, including but not limited to
such items as collar ties, lintels, ridge beams etc.
5.
Two (2) sets of elevation drawings showing:
a.
Area of exposed building face, area and % of glazed openings and
required limiting distance;
b.
Exterior finishes (for Exterior Insulation Finish Systems, include name
of manufacturer);
c.
Window/door type, locations and sizes including height of sills above
floor;
d.
Roof slope and finish; and
e.
Stairs, landings, guards and handrails.
6.
Two (2) sets of building section drawings showing:
a.
Floor to floor and floor to ceiling heights;
b.
Footing and foundation wall details including height of grade above;
c.
Basement floor;
d.
Specifications of all floor, wall and roof assemblies;
e.
Underpinning detail where required; and
f.
Stairs, landings guards and handrails.
7.
Two (2) sets of construction detail drawings showing:
a.
Typical wall section from footings to roof;
b.
Typical roof detail where cathedral ceilings are proposed;
c.
Guard details (reference to SB-7 details or drawings complying with
Part 4 Design); and
d.
Specifications of all wall, floor and roof assemblies and building
materials.
8.
Two (2) sets of Heating, Ventilation and Air Conditioning Drawings
showing:
a.
Heat loss/heat gain design calculations and equipment summary;
b.
Mechanical ventilation design summary; and
c.
Duct layout drawings.
9.
Two (2) sets of Plumbing drawings (where required) showing
a.
Location of all plumbing fixtures;
b.
Layout of all piping including drains, wastes and vents; and
c.
Layout of all plumbing appliances
10.
Two (2) sets of Solid Fuel Burning Appliances location drawings (where
required) showing
a.
a copy of installation manuals for certified appliances and chimneys;
b.
location of appliance and setback distances to combustibles;
c.
floor protection (if applicable); and
d.
wall and ceiling heat shield designs (if applicable).
Note: 1)
The Chief Building Official may determine that not all the above-
mentioned plans are required to accompany a Permit application.
2)
The maximum size of plan that will be accepted for permit application
and review is 760mm x 1067 mm (30" x42")
SCHEDULE "B" DOCUMENTATION REQUIREMENTS
Appendix 2 ICI Structures:
Appendix 2 of Schedule "B" sets out the requirements for plans and documents for ICI
Structures, including Multi unit-Dwellings (New construction, Additions and Accessory
structures), which must be submitted along with a Permit application. Permit
applications will not be accepted where any of the information required by the Chief
Building Official is not submitted.
Forms/Documents
Commitment to General Review signed by all project team disciplines
Building Code Data Matrix or Statement of Design (alternatively include on
Architectural Site Plan)
Land and Building Use Declaration (including identification of any hazardous
materials)
ASHRAE 90.1 Energy Certification Form
Flow Control Roof Drainage Form (to be filled out by Mechanical & Structural
Engineer)
Geotechnical Investigation Report
Architectural Site Development Plan (Two (2) copies)
Property lines and lot area referenced to a current Survey
Location of building in relation to property lines, streets, fire routes, parking
areas and other buildings
Overall dimensions (width/length) of all buildings, fire access routes, driveways
and entrances
Zoning summary (summary of applicable zoning provisions)
Proposed and existing grades, landscaped areas, sidewalk elevations and
proposed finished floor elevations of all buildings
Barrier free curb cuts, parking and ramps and all associated details
Architectural Drawings (two (2) sets all to have Architect's seal where required))
Floor plans fully dimensioned, identifying rooms and spaces, wall construction
and & fire separations
Reflected ceiling plans and associated details (co-coordinate with Electrical
consultant)
Roof Plan & associated details including any screening requirements for
mechanical roof top equipment
Building Elevations
Building cross sections
Wall sections, Stair sections and plan and section construction details
Enlarged detail plans (B/F washrooms, stair enclosures) and associated details,
millwork details
Door and Room Finish Schedules (if not in specification)
Structural Drawings (two (2) sets all to have Professional Engineer's seal where
required))
Design specifications c/w loading deflective, wind uplift and earthquake
analysis & reference to Geotechnical Report
Foundation plan and associated details (piles & caissons)
Floor framing plans c/w beam & column schedule
Roof framing plan (confirm control flow drainage design requirements)
Details pertaining to structural connections framing or any exterior canopy
structure
Mechanical Drawings (two (2) sets all to have Professional Engineer's seal where
required)
Site servicing drawing
Flooring plans for both HVAC and Plumbing c/w equipment schedule
Sprinkler System Design
Roof plan showing drainage and equipment schedule for roof mounted
equipment
Electrical Drawings (two (2) sets all to have Professional Engineer's seal where
required))
Electrical site servicing drawing where separate form Mechanical
Floor plans showing lighting, power, emergency lighting, exit signage and
electrical equipment
Fire alarm system drawings (separate or combined with electrical drawings)
including FA Riser/zoning
Other Submissions (where applicable)
Complete Construction Specifications (Architectural, Structural, Mechanical and
Electrical)
Security Hardware including Electromagnetic locking/hold-open system
drawings and details
Industrial Rack Storage System drawings complete with BMEC authorization
Note: 1)
The Chief Building Official may specify that not all the above-mentioned
plans are required to accompany an application.
2)
The maximum size of plan that will be accepted for permit application and
review is 760mm x 1067 mm (30" x42")
Witness
Date
Chief Building Official
Date
Applicant
Date
SCHEDULE "C" CONDITIONAL PERMIT AGREEMENT
Conditional Permit Agreement
I,
______________________________
am
the
declared
applicant
and
owner/authorized agent of owner (proof of which is attached to this application) for a
Conditional Permit as described in section 5.3 of the Building By-law with regard to
the property known as
______________________________________________,
located within the Corporation of the City of Peterborough. I do hereby agree to the
following matters with regard to this application,
that the application contains true and current statements with regard to land
ownership, development intent, built in-place works, described geological features
and other such information and technical notation as submitted,
that I will comply with any and all conditions attached to the Conditional Permit as
may be specified by the Chief Building Official, and
that I agree to pay all fees established by City Council in relation to the Building By
law, and
that I will enter into such agreements with the Corporation of the City of
Peterborough or any other authority having jurisdiction as may be required by the
Chief Building Official, and
that I understand that the failure to comply with any of the terms of this agreement,
or any agreement or undertaking required by this agreement, may result in the
revocation of the Conditional permit as authorized by the Building Code Act and the
Ontario Building Code.
_____________________________ ____________________________________
(Date)
(Signature of Applicant)
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
SCHEDULE "D"ACKNOWLEDGEMENT OF INCOMPLETE PERMIT APPLICATION
Part A
_________________________________________
A pre-screening of the application to
(Describe work) at ________________________________ (Location of Work) reveals
that the application is incomplete in that the following items are missing:
(The above list may not be complete. Further Permit processing may indicate additional
outstanding items that are required)
As such, the application is not entitled to the processing time periods prescribed in
Section 1.3.1.3 Division C of the Building Code.
The Municipality will however accept the incomplete application for processing if the
Acknowledgement below is completed.
Part B
I_____________________________________ (Printed Name of Applicant) acknowledge
that my application to _________________________________ (Description of Work) at
___________________________________
(Location of Work) does not meet the
requirements of the Building Code and therefore is not entitled to the time periods
prescribed in the Building Code. Notwithstanding the foregoing, I wish to have the
Permit application accepted for processing and understand that a Permit cannot be
issued until all the information is submitted and reviewed to the satisfaction of the
Municipality's Chief Building Official.
I have authority to bind the corporation or partnership (if applicable)