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'-.
THE CORPORATION OF THE MUNICIPALITY OF SHUNIAH
Recitals
BY-LAW NO. ;).bC) B" -J '1-
Being a by-law respecting Construction, Demolition and
Change of Use Permits Fees and Inspections and to
repeal By-laws Numbered 2393-09.
a)
Section 7.(1) of The Building Code Act, 1992 empowers Council to pass
certain by-laws respecting construction, demolition and change of use permits
and inspections.
THEREFORE THE CORPORATION OF THE MUNICIPALITY OF
SHUNIAH ENACTS AS FOLLOWS:
TITLE
1.
SHORT TITLE
1.1.
This By-law may be cited as "The Building By-law".
2.
DEFINITIONS OF WORDS OR PHRASES
In this By-law:
2.1.
"Act" means the Building Code Act, 1992, including amendments thereto;
2.2.
"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.
2.3.
"Building" means:
b)
structure occupying an area greater than ten square metres
consisting of a wall, roof and floor or any of them or a structural
system serving the function thereof including all plumbing, works,
fixtures and service systems appurtenant thereto;
c)
a structure occupying an area of ten square metres or less that
contains plumbing, including the plumbing appurtenant thereto;
d)
plumbing not located in a structure,(c.1) a sewage system, or
e)
structures designated in the Building Code.
2.4.
"Building Code" means the regulations made under the Act.
2.5.
"Chief Building Official" means the Chief Building Official appointed by by-law of
The Corporation of the Municipality of Shuniah for the purposes of the
enforcement of the Act.
2.6.
"Construct" means to do anything in the erection, installation, extension or
material alteration or repair of a building and includes the installation of a
building unit fabricated or moved from elsewhere and "construction" has a
corresponding meaning;
2.7.
"Corporation" means The Corporation of The Municipality of Shuniah.
2.8.
"Demolish" means to do anything in the removal of a building or any material
part thereof and "demolition" has a corresponding meaning.
2.9.
"Farm Building" means all or part of a building:
a)
that does not contain any area used for residential occupancy;
b)
that is associated with and located on land devoted to the practice of
farming;
By-law No ~ ~Cl g -/ A
Page 2 of 15
c)
and that is used essentially for the housing of equipment or livestock
or the production, storage or processing of agricultural and
horticultural produce or feeds.
2.10.
"Permit" means written permission or written authorization in writing from the
Chief Building Official to perform work regulated by this by-law and the Act and
in the case of an occupancy permit, to occupy any building or part thereof.
2.11.
"Plumbing" means a drainage system, a venting system and a water system or
parts thereof.
2.12.
"Inspector" means a Building Inspector, Building Plumbing Inspector, Fire
Inspector, or other such person having jurisdiction for the enforcement of the
Building Code and appointed by the Council of The Municipality of Shuniah and
including the Chief Building Official and the Chief of the Fire Department of the
Municipality of Shuniah.
2.13.
"Fire Safety Matters" shall mean those portions of the Building Code
Regulations respecting fire safety which require joint approval of all drawings
submitted with a Building Permit application to construct a building by the Chief
of the Fire Department and the Chief Building Official prior to the issuance of a
permit by the Chief Building Official;
2.14.
"Chief of The Fire Department" shall mean the Chief of the Fire Department of
the Municipality of Shuniah or his designated Fire Inspectors;
2.15.
"Architect" means a member or licensee of the Ontario Association of
Architects under the Architects Act R.S.O. 1980;
2.16.
"Professional Engineer" means a member or licensee of the Association of
Professional Engineers of the Province of Ontario under the Professional
Engineer Act R.S.O. 1980;
2.17.
"Unsafe" when used in respect of a building, means, structurally inadequate or
faulty for the purpose for which it is or is likely to be used or otherwise unsafe.
3.
CLASSES OF PERMITS
3.1.
Classes of permits with respect to the construction, demolition and change of
use of buildings and permit fees shall be as set out in Schedule "A" to this by-
law.
3.2.
Permits for work other than that referred to in this by-law shall be obtained
from the appropriate authority having jurisdiction in accordance with the by-
laws of the Corporation and include the following which are provided for
illustration only and do not limit the generality of the foregoing, encroachments,
plumbing, sewers, street cuts, swimming pool fences, and signs.
4.
APPLICATION FOR PERMIT
4.1.
To obtain a permit, the owner or an agent authorized in writing by the
owner shall file an application in writing by completing a prescribed form
available at the offices of the municipality. The prescribed form as listed in
Schedule "0" to this By-law.
4.2.
An application for a permit to construct or demolish a building may be
made by a person specified by regulation and the prescribed form must be
used and be accompanied by the documents and information specified by
regulation.
4.3.
Every application for a permit shall be submitted to the Chief Building
Official, and contain the following information:
4.4.
Where application is made for a building permit under Section 8. (2) of the
By-law No ~ C, 0 ~ -I ?--
Page 3 of 15
Act, the application shall:
a)
identify and describe in detail the work and occupancy to be covered
by the permit for which the application is made,
b)
describe the land on which the work is to be done, by a description
that will readily identify and locate the building lot,
c)
include plans and specifications as described in this by-law for the
work to be covered by the permit and show the occupancy of all
parts of the building,
d)
state the valuation of the proposed work and be accompanied by the
required fee,
e)
state the names, addresses and telephone numbers of the owner,
architect, or engineer, where applicable, or other designer or
constructor,
f)
in the case of demolitions, be accompanied by satisfactory proof that
arrangements have been made with the proper authorities for the
cutting-off and plugging of all water, sewer, gas, electric and
telephone services,
g)
be accompanied by a written acknowledgement of the owner that he
has retained an architect or professional engineer to carry out the
field review of the construction where required by the Building Code,
and
h)
be signed by the owner or his authorized agent who shall certify the
truth of the contents of the application,
i)
be accompanied by proof of water supply and sanitary field disposal
bed where required,
j)
be accompanied by proof of ownership, tax notice, deed where
required,
k)
be accompanied by clearances from other authorities such as, but
not limited to, the Lakehead Region Conservation Authority, the
Ministry of Transportation, Ministry of the Environment, where
required,
I)
be accompanied by Committee of Adjustment approval for minor
variances of zoning requirements where necessary.
4.5.
Every application for a change of use permit issued under Section 10.- (1)
of the Act shall be submitted to the Chief Building Official, and shall;
a)
describe the building in which the occupancy is to be changed by a
description that will readily identify the building,
b)
identify and describe in detail the current and proposed occupancies
of the building or part of a building for which the application is made,
c)
include plans and specifications which show the current and
proposed occupancy of all parts of the building, 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,
d)
be accompanied by the required fee,
e)
state the name, address and telephone number of the owner,
f)
be signed by the owner or his or her authorized agent who shall
certify the truth of the contents of the application.
4.6.
Where an application 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 8. (12) of the Act is requested, the
following information shall be provided;
a)
a description of the proposed material, system or building design for
which authorization under Section 8. (12) of the Act is requested,
By-law No ;Z "0 S - / ;l
Page 4 of 15
b)
any applicable provisions of the Building Code,
c)
evidence that the proposed material, system or building design will
provide the level of performance required by the Building Code.
4.7.
An application for a permit shall be deemed to have been abandoned six (6)
months after the date of filing, if all necessary information has not been
supplied to the Chief Building Official and a permit obtained.
5.
ISSUANCE OF PERMITS
5.1.
The chief building official shall issue a permit unless:
a)
the proposed building, construction or demolition will contravene the
Act, the building code or any other applicable law;
b)
the applicant is a builder or vendor as defined in the Ontario New
Home Warranties Plan Act and is not registered under that Act;
c)
a person who prepared drawings, plans, specifications or other
documents or gave an opinion concerning the compliance of the
proposed building or construction with the building code does not
have the applicable qualifications, if any, set out in the building code
or does not have the insurance, if any., required by the building
code;
d)
the plans review certificate, if any, required for the application does
not contain the prescribed information;
e)
the application for the permit is not complete; or
f)
any fees due have not been paid.
5.2.
If the application includes a plans review certificate that contains the
prescribed information, the chief building official is not entitled to refuse to
issue the permit on the grounds that the proposed construction of the building
to which the certificate relates does not comply with the building code.
5.3.
When an application for a permit contains the prescribed information, the
chief building official is required to determine within the period prescribed by
regulation whether to issue the permit or to refuse to issue it.
5.4.
If the chief building official refuses to issue the permit, he or she shall inform
the applicant of all of the reasons for the refusal of the permit and shall do
so within the period prescribed by regulation.
6.
PLANS AND SPECIFICATIONS
6.1.
Sufficient information shall be submitted with each application for a permit to
enable the Chief Building Official to determine whether or not the proposed
work will conform with the Act, the Building Code and any other applicable law.
6.2.
Each application shall, unless otherwise specified by the Chief Building
Official, be accompanied by three (3) complete sets of plans and specifications
required under this by-law.
6.3.
Plans shall:
a)
be drawn to scale upon paper, cloth or other substantial material;
b)
be legible and, without limiting the generality of the forgoing;
c)
include such working drawings as set out in Schedule "B" to this
By-law unless otherwise specified by the Chief Building Official;
d)
indicate the nature and extent of the work or proposed occupancy
in sufficient detail to establish that the completed work will conform
to the Act, the Building Code and any other applicable law.
6.4.
Site plans shall be referenced to an up-to-date survey and, when required to
demonstrate compliance with the Act, The Building Code or other applicable
law, a copy of the survey shall be submitted to the Chief Building Official.
By-law No ~~()~ -/7-
Page 5 of 15
6.5.
Site plans shall show:
a)
lot size and the dimensions of property lines and setbacks to any
existing or proposed buildings;
b)
existing and finished ground levels or grades, and
c)
existing rights-of-way, easements and municipal services.
6.6.
In lieu of separate specifications, the Chief Building Official may allow the
essential information to be shown on the plans.
7.
CONDITIONAL PERMITS
7.1.
Even though all requirements have not been met to obtain a permit under
Section 8. (3) of the Act, the Chief Building Official may issue a conditional
permit for any stage of construction if,
a)
compliance with by-laws passed under Sections 34 and 38 of the
Planning Act and with such other applicable law as may be set
out in the building code has been achieved in respect of the
proposed building or construction;
b)
the chief building official is of the opinion that unreasonable delays
in the construction would occur if a conditional permit is not
granted; and
c)
the applicant and such other person as the chief building official
determines agree in writing with the municipality, upper-tier
municipality, board of health, planning board, conservation
authority or the Crown in right of Ontario to,
i)
assume all risk in commencing the construction,
ii) obtain all necessary approvals in the time set out in the
agreement or, if none, as soon as practicable,
iii) file plans and specifications of the complete building in the
time set out in the agreement,
iv) at the applicant's own expense, remove the building and
restore the site in the manner specified in the agreement if
approvals are not obtained or plans filed in the time set out in
the agreement, and
v) comply with such other conditions as the chief building official
considers necessary, including the provision of security for
compliance.
7.2.
When, in order to expedite work, approval of a portion of the building is
desired prior to the issuance of a permit for the complete project, application
shall be made and fees paid for the complete project and complete plans and
specifications covering the portion of work for which immediate approval is
desired shall be filed with the Chief Building Official.
7.3.
If a permit is issued for part of a building, the holder of such permit may
proceed without assurances that a permit for the entire building will be
granted.
7.4.
Permit fees based on preliminary estimates for construction not covered by the
partial permit shall be subject to revision when permit for balance of
construction is applied for.
8.
REVISION TO PERMIT
8.1.
After the issuance of a permit under Section 8. (12) of the Act, notice of any
material change to a plan, specification, document or other information on
the basis of which the permit was issued, must be given in writing to the
Chief Building Official together with the details of such change which is not
to be made without his or her written authorization.
By-law No J~Of)-JA.
Page 6 of 15
8.2.
Subject to Section 8. (12) of the Act, minor non-structural alterations to building
plan layouts may be made without resubmission of drawings, but major
alterations and structural changes shall not be made without reapplication and
adjustment of permit.
9.
RESTRICTED PERMIT FOR A TEMPORARY BUILDING
9.1.
A restricted permit for a temporary building may be issued by the Chief
Building Official or authorized by Council for a limited time only, the erection
and existence of a building or part thereof, when application is made in
writing to the Chief Building Official stating proposed use and expected time
required.
9.2.
A permit for a temporary building may be extended provided permission in
writing is granted by the Chief Building Official and Council.
10.
REVOCATION AND RENEWAL OF PERMITS
10.1.
The Chief Building Official may revoke or issue a renewal of a permit;
a)
where, after six (6) months after its issuance, the construction or
demolition in respect of which it was issued has not, in his opinion,
been seriously commenced; or
b)
where, the construction or demolition of the building is, in his
opinion, substantially suspended or discontinued for a period of
more than one (1) year; or
c)
where, after two (2) years after its issuance, the structure has not
received a Occupancy Permit and/or Final Inspection;
i)
The Renewal Fee as per Schedule "A" to this by-law is
based on the number of required outstanding inspections
times the rate of Additional Inspections.
d)
provided the required fee is paid for such renewal and the plans
and specifications are made to comply with all the requirements of
the Act in effect at the time of renewal, and all other laws applicable
thereto.
11.
ASSIGNMENT OF PERMIT
11.1.
It is a condition of the issuance of any permit that the permit shall not be
assigned without the approval of the Chief Building Official and payment of the
required fee.
12.
FEE STRUCTURE
. 12.1.
Fees for a required permit shall be as set out in Schedule "A" to this By- law
and are due and payable upon submission of an application for a permit.
12.2.
Where an application is made for a revision to the permit and the Chief
Building Official determines that the work involved in plan processing and
enforcement is minor, such revision shall be processed without charge.
12.3.
Where the fees payable in respect of an application of a construction or
demolition permit issued under Section 8.- (1) of the Act or a conditional permit
issued under Section 8.(3) of the Act are based on a floor area, floor area
shall mean the total floor space of all storeys above grade (or below grade for
an underground home) measured as the horizontal area between the exterior
walls of the building. Provided that where application is made for a
conditional permit, fees shall be paid for the complete project.
12.4.
Where fees payable in respect of an application for a change of use permit
issued under Section 10.(1) of the Act are based on a floor area, floor area
shall mean the total floor space of all storeys subject to the change of use.
By-law No ~ to g- -/'1.-
Page 7 of 15
13.
REFUNDS
13.1.
In the case of withdrawal of an application or the abandonment of all or a
portion of the work or the non-abandonment of any project, the Chief Building
Official shall determine that amount of paid permit fees that may be
refunded to the applicant, if any, in accordance with Schedule "c" to this By-
law.
13.2.
Notwithstanding section 13.1 hereof, no refund shall be made when the
amount is calculated to be less than Seventy-five ($75.00) Dollars.
14.
PRESCRIBED NOTICES
14.1.
This Article sets out the notices that are required under section 1 0.2 of the
Act.
14.2.
The person to whom a permit under section 8 of the Act is issued shall
notify the chief building official or, where a registered code agency is
appointed under the Act in respect of the construction to which the notice
relates, the registered code agency of:
a)
readiness to construct footings;
b)
substantial completion of footings and foundations prior to
commencement of backfilling;
c)
substantial completion of structural framing and ductwork and piping
for heating and air-conditioning systems, if the building is within the
scope of Part 9 of Division B;
d)
substantial completion of structural framing and roughing-in of
heating, ventilation, air-conditioning and air-contaminant extraction
equipment, if the building is not a building to which Clause (c)
applies;
e)
substantial completion of insulation, vapour barriers and air barriers;
f)
substantial completion of all required fire separations and closures
and all fire protection systems including standpipe, sprinkler, fire
alarm and emergency lighting systems;
g)
substantial completion of fire access routes;
h)
i)
j)
readiness for inspection and testing of;
building sewers and building drains;
water service pipes;
k)
fire service mains;
I)
drainage systems and venting systems;
m) the water distribution system;
n)
plumbing fixtures and plumbing appliances;
0)
readiness for inspection of suction and gravity outlets, covers and
suction piping serving outlets of an outdoor pool, or a public spa;
p)
substantial completion of the circulation/re-circulation system of an
outdoor pool, a public pool or public spa and substantial completion
of the pool before it is first filled with water;
q)
readiness to construct the sewage system;
r)
substantial completion of the installation of the sewage system
before the commencement of backfilling;
s)
substantial completion of installation of plumbing not located in a
structure, before the commencement of backfilling, and
t)
completion of construction and installation of components required
to permit the issue of an occupancy permit or to permit
occupancy, if the building or part of the building to be occupied is
not fully completed.
By-law No ~t,{JS -/?-
Page 8 of 15
15.
PRESCRIBED INSPECTIONS
15.1.
An inspector, not later than two days after receipt of a notice shall
undertake a site inspection of the building to which the notice relates.
15.2.
An inspector, shall, not later than five days after receipt of the notice, undertake
a site inspection of the sewage system to which the notice relates.
15.3.
When undertaking an inspection required under Section 10.2 (1) of the Act,
the inspector, may consider reports concerning whether the building or a
part of the building complies with the Act or this by-law.
15.4.
The time periods referred to in Section 10.2 (2) of the Act shall begin on
the day following the day on which the notice is given.
15.5.
The time periods referred to in Section 10.2 (2) of the Act, shall not include
Saturdays, holidays and all other days when the offices of the Municipality are
not open for the transaction of business with the public.
16.
PRESCRIBING FORMS
16.1.
The forms prescribed for use as applications for permits, for orders and for
inspection reports shall be as listed in Schedule "0" to this By-law.
17.
AS CONSTRUCTED PLANS
17.1.
The Chief Building Official may require that a set of plans of a building or
any class of buildings as constructed be filed with the Chief Building
Official on completion of construction under such conditions as may be
prescribed in the Building Code.
18.
PENAL TV AND OFFENCES
18.1.
Any person who contravenes the provisions of the Ontario Building Code Act
is guilty of an offence as provided for under Section 36, of the Building Code
Act, 1992, S.O. 1992, c.23 and amendment thereto and upon conviction may
be liable to a fine as set out in Schedule "E" to this By-law, pursuant to the
Provincial Offences Act, R.S.O. 1990.
18.2.
In addition to the penalties prescribed in Sections 18.1, the Chief Building
Official my apply under provisions of the Act for an order directing
compliance with the Act.
18.3.
In addition to the penalties prescribed if construction begins before the
issuance of a building permit, there may be an additional administration fee
equal to fifty (50) percent of the full permit fees or $200.00, whichever is
greater.
18.4.
If any section, subsection, paragraph, sentence, clause, or provision of this By-
law be declared by a Court of competent jurisdiction to be invalid, illegal or
ultra vires for any other reason, all other provisions of this By-law shall remain
and continue in full force and effect and shall remain valid and binding.
19.
GENERAL
19.1.
Schedules "A", "8", "C", '0' and 'E' attached hereto are an integral part of this
by-law.
"-
By-law No :2. ~ 0 B' - I )...
Page 9 of 15
20.
ENACTMENT
20.1.
This by-law shall come into force and take effect on
a)
Schedule "E" to this By-law being forwarded to and approved by the
Senior Regional Justice of Ontario Court of Justice;
b)
The Third and Final reading thereof
21.
REPEALS
21.1.
Upon passage of this By-law the following is hereby repealed: By-law No. 2393-09.
READAFIRSTANDSECONDTIMETHIS ~~-tk DAYOF ~. 2012
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SCHEDULES ...... Page 1 of 4
SCHEDULE "A" TO BY-LAW NO. 2~o £f - / ~
BUILDING PERMIT FEES
Residential Dwellings, Commercial and Industrial Buildings are based on $7.00
per $1,000.00 of the construction value. This calculation also applies to accessory
buildings, additions, interior or exterior renovations, plumbing when part of
construction and moving a building onto a lot.
The minimum fee for any building permit is $100.00.
Cost of Construction:
Residential Dwellings
- Main Floor
- Second Floor
- Attached Garages
Alterations and Additions
Accessory Buildings
Commercial, Industrial, Institutional
Fees for Permits
Patio IDeck Permit
Permits for Fireplace or solid fuel burning appliance
manufactured or mason
Permits for Temporary Buildings
Plumbing Perm
HVAC Perm
Demolition I Moving Permit
Additional Inspections
Occupancy Permit
Certificate of Occupancy (Cottage Conversion Policy)
Swimming Pool Permit
Letter(s) of Compliance
Inspection Requests
Permits for Designated Structures as follows:
a) Towers, Wind Towers and Communication Towers Exceeding
16.6 m above ground level, exterior storage Tank and its
supporting structure, which is not regulated by the Gasoline
Handling Act or the Energy Act.
b) Retaining Wall exceeding 1m in exposed height adjacent to
i) Public property
ii) Access to a building, or
iii) Private property to which the public is Admitted.
$0.84 per ft2
$0.42 per ft2
$0.35 per ft2
$0.50 per ft2
$0.35 per~
$0.84 per ft2
$75.00
$75.00
$50.00
$100.00
$75.00
$50.00
$75.00
$100.00
$150.00
$75.00
$50.00
$75.00
$1,000.00
50.00
SCHEDULES ...... Page 2 of 4
SCHEDULE "B" TO BY-LAW NO. 2-boC6 -/'J-
List of Plans or Working Drawings to accompany applications or permits
1)
The Site Plan
2)
Floor Plans
3)
Foundation Plans
4)
Framing Plans
5)
Roof Plans
6)
Reflected Ceiling Plans
7)
Section and Details
8)
Building Elevations
9)
Electric Drawings
10)
Heating, Ventilation and Air Conditioning Drawings
11)
Plumbing drawings
Note: The Chief Building Official may specify that not al/ the above- mentioned plans are
required to accompany an application for a permit
SCHEDULES ...... Page 3 of 4
SCHEDULE "e" TO BY-LAW NO. AbuS -/?-
REFUNDS
Status of Permit Application
Percentage of Fee
Eligible for Refund
1)
Application filed. No processing or review of plans
90%
submitted.
2)
Application filed. Plans reviewed and permits
45%
issued.
3)
Additional deduction for each filed inspection that
5%
has been performed.
4)
Permits valued at less than $75.00.
0%
SCHEDULES ...... Page 4 of 4
SCHEDULE "0" TO BY-LAW NO. ". (p6t;5 -I ?-.--
LIST OF PRESCRIBED FORMS
Application for a Permit to Construct or Demolish
Schedule 1: Designer Information Form
Application for a Plumbing Permit
Mechanical Ventilation Design Review Form
Zoning and Grading Approval Form
Mechanical Ventilation Installation Review Form
Application for a Permit to Construct Detached Garage I Shed
Zoning and Grading Approval Form - Campers Associations
Energy Efficiency Design Summary
Occupancy Permit
ORDERS
Order Requiring Tests and Samples
Stop Work Order
Order to Uncover
Order Not to Cover or Enclose
Order to Comply
MUNICIPALITY OF L ~<iJNIAH
SET FINE SCHEDULE liE"
TO BY-LAW No. 2608-12
PART 1 PROVINCIAL OFFENCES ACT
Building Code Act, 1992, S.O. 1992, c. 2
ITEM
COLUMN 1
Short Form Wording
1.
Constructing a building without a permit
2.
Demolish a building without a permit
3.
Making a material change to approved plans without obtaining approval from the Chief
Building Official
4.
Constructing a building contrary to the approved plans, specifications, documents and
other information
5.
Change the use of a building or part thereof without permit.
6.
Fail to notify Official of required inspection.
7.
Occupy a new building before lawfully permitted.
8.
Using a new building before lawfully permitted.
9.
Fail to comply with an order to cease construction or demolition.
10.
Hinder or obstruct a chief building official or inspector.
11.
Attempt to hinder or obstruct a chief building official or inspector
12
Neglecting to produce documents, drawings, specifications or things lawfully required by a
Chief Building Official or Inspector.
13.
Refusing to produce documents, drawings, specifications or things lawfully required by a
Chief Building Official or Inspector.
14.
Unauthorized removal of posted order under the Building Code Act.
Page 1 of 2
COLUMN 2
COLUMN
3
Provision Creating
Or Defining
Set Fine
Offence
Section 8 (1)
$250.00
Section 8 (1)
$250.00
Section 8 (12)
$250.00
Section 8 (13)
$50.00
Section 10 (1)
$150.00
Section 10.2 (1)
$75.00
Section 11 (1)
$200.00
Section 11 (1)
$150.00
Section 14 (4)
$200.00
Section 19 (1)
$150.00
Section 19 (1)
$150.00
Section 19 (4) (a)
$150.00
Section 19 (4) (a)
$150.00
Section 20
$100.00
Note: The general penalty provision for the offences listed above is Section 36, of the Building Code Act, 1992, S.O. 1992, c.23
MUNICIPALITY OF "-,' .. tUNIAH
SET FINE SCHEDULE liE"
TO BY-LAW No. 2608-12
PART 1 PROVINCIAL OFFENCES ACT
Building Code Act, 1992, S.O. 1992, c. 2
ITEM
COLUMN 1
Short Form Wording
15.
Knowingly furnishing false information in an application or certificate
16.
Fail to comply with an order under section 12(2) of the Building Code Act
17.
Fail to comply with an order not to cover under section 13. (1) of the Building Code Act
18.
Fail to comply with an order to uncover under section 13 (6) of the Building Code Act
19.
Fail to comply with an order under section 15.9 (4) of the Building Code Act
20.
Fail to comply with an order under section 15.9 (6) of the Building Code Act
21.
Fail to comply with an order to repair a dangerous building under section 15.10 (1) of the
Building Code Act
Page 2 of 2
COLUMN 2
COLUMN
3
Provision Creating
Or Defining
Set Fine
Offence
Section 36 (1) (a)
$150.00
Section 36 (1) (b)
$200.00
Section 36 (1) (b)
$200.00
Section 36 (1) (b)
$200.00
Section 36 (1) (b)
$275.00
Section 36 (1) (b)
$275.00
Section 36 (1) (b)
$275.00
Note: The general penalty provision for the offences listed above is Section 36, of the Building Code Act, 1992, S.O. 1992, c.23
June 12,2012
Kerry Lee Thompson
Crown Counsel
Ministry of the Attorney General
720 Bay Street, 10th Floor
Toronto, ON
M5G 2K1
Dear Ms. Thompson:
MUNICIPALITY OF SHUNIAH
420 Leslie Avenue, Thunder Bay, Ontario P7 A 1X8
Phone: (807) 683-4545 Fax: (807) 683-6982
E-mail: shuniah@shuniah.org www.shuniah.org
We are enclosing herein a certified copy of By-law No. 2608-12 respecting
Construction, Demolition and Change of Use Permits, Fees and Inspections in the
Municipality of Shuniah. Also enclosed is the short form wording and suggested fines for
the infractions to the said by-law.
These documents are filed in accordance with the instructions for the establishment of
set fines under Part I of the Provincial Offences Act.
The following is enclosed as part of our application:
1. Two (2) copies of the set fine schedule for By-law Number 2600-12 one with the
set fine amounts filled in and a second with the set fine amounts left out.
2. A certified copy of the By-law Number 2608-12, being the By-law respecting
Construction, Demolition and Change of Use Permits the Municipality of Shuniah.
We trust this application is complete however should you require any additional
information or documentation please contact the undersigned at telephone number 807-
683-4540 or by email at nhunley@shuniah.org.
Yours truly,
Nadene Hunley,
Deputy Clerk
Encls.
Roads Department: (807) 983-2550
Fire Department: (807) 983-2021
.~
...-'
OFFICE OF THE REGIONAL SENIOR JUSTICE
NORTHWEST REGION
ONTARIO COURT OF JUSTICE
COURTHOUSE
1805 EAST ARTHUR STREET
THUNDER BAY, ONTARIO P7E 2R6
August 9th, 2012
Municipality of Shuniah
420 Leslie Avenue
Thunder Bay, Ontario
P7A 1X8
Attention: Nadene Hunley. Deputy Clerk
Dear Ms. Hunley:
RE: Municipality of Shuniah, Thunder Bay DistIict
Part I Provincial Offences Act. Building Code Act
CABINET DUjUGE PRINICIPAL REGIONAL
REGION DU NORD-OUEST
JUGE DE LA COUR DE JUSTICE DE L'ONTARIO
PALAIS DE JUSTICE
1805, RUE ARTHUR EST
THUNDER BAY (ONTARIO) P7E 2R6
TELEPHONEfTELEPHONE (807) 625-1625
FAXfTELECOPIEUR (807) 625-1601
Enclosed herewith is the original Order with original schedule of set fines for Building Code
Act, S. O. 1992, Chapter 23 as amended, indicated in the schedules for the Municipality of
Shuniah, Thunder Bay District, together with your certified copy ofthe Building Code Act,
S.O. 1992, Chapter 23 as amended and your certified copy of the By-law Number 2608-12.
The setting of the fines does not constitute my approval of the short form of wording used to
describe the offences.
A copy of the Order and the schedule of the set fines are being held in the Office of the Regional
Senior Justice at Ontario Court of Justice in Thunder Bay.
Yours truly,
The Honourable Marc L. "Bode
Regional Senior Justice
Northwest Region
MLB:mz
Encls.
~
cc: Ms. Kerry-Lee Thompson, Crown Law Office, Toronto
Ms. Kathy Dallaire, POA Supervisor, Thunder Bay
MUNICIPALITY OF SHUNIAH
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AUG 2 4 2012
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OFFICE OF THE REGIONAL SENIOR JUSTICE
NORTHWEST REGION
ONTARIO COURT OF JUSTICE
COURTHOUSE
1805 EAST ARTHUR STREET
THUNDER BAY, ONTARIO P7E 2R6
August 9th, 2012
Ms. Kerry Lee Thompson
Crown Counsel, Crown Law Office
Ministry of the Attorney General
9th Floor, 720 Bay Street
Toronto, Ontario
M5G2K1
Dear Ms. Thompson: .
RE: Municipality of Shuniah, Thunder Bay District
Part I Provincial Offences Act, Building Code Act
I have enclosed the following for your information:
CABINET DU jUGE PRINICIPAL REGIONAL
REGION DU NORD-OUEST
jUGE DE LA COUR DEjUSTICE DE L'ONTARIO
PALAIS DEjUSTICE
1805, RUE ARTHUR EST
THUNDER BAY (ONTARIO) P7E 2R6
TELEPHONE/TELEPHONE (807) 625-1625
FAX/TELECOPIEUR (807) 625-1601
1.
Copy of signed Order and accompanying schedule of set fines for
Building Code Act, , s.o. 1992, c. 23 as amended.
2.
Copy ofletter to Nadene Hunley, Deputy Clerk, Municipality of
Shuniah.
Please note that a copy of the Order and the schedule of the set fines are being held in the
Office of the Regional Senior Justice at Ontario Court of Justice in Thunder Bay. The
original Order and schedule of set fines have been forwarded to the Municipality of
Shuniah, Thunder Bay District.
,/
Yours truly,
/:-?
-y,L<--
'//;/2-/7
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/-
,;/
y
The Honourable Marc L. Bode
Regional Senior Justice
Northwest Region
MLB:mz
Encls.
cc:
Ms. Kathy Dallaire, POA Supervisor, Thunder Bay
VNadene Hunley, Deputy Clerk, Municipality of Shuniah
J
PROVINCIAL OFFENCES ACT
IT IS ORDERED. pursuant to the provisions ofthe Provincial Offences Act and the rules
for the Ontario Court of Justice that the amount set opposite the offences in the attached
schedules of offences under the Provincial Statutes and Regulations thereunder and
Building Code Act, S.O. 1992, Chapter 23, as amended, Part I, of the Municipality of
Shuniah, Thunder Bay District, attached hereto are the set fines for these offences, to take
effect August 9th, 2012.
Dated at Thunder Bay this 9th day of August, 2012.
~
The Honourable Marc L. Bode
Regional Senior Justice
Northwest Region
0~
..
ITEM
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12
13.
14.
15.
MUNICIP ALITY OF SHUNIAH
PART 1 PROVINCIAL OFFENCES ACT
Building Code Act, 1992, S.O. 1992, c. 2
COLUMN 1
Short Form Wording
Constructing a building without a permit
Demolish a building without a permit
Making a material change to approved plans without obtaining approval from the Chief
Building Official
Constructing a building contrary to the approved plans, specifications, documents and
other information
Change the use of a building or part thereof without permit.
Fail to notify Official of required inspection.
Occupy a new building before lawfully permitted.
Using a new building before lawfully permitted.
Fail to comply with an order to cease construction or demolition.
Hinder or obstruct a chief building official or inspector.
Attempt to hinder or obstruct a chief building official or inspector
Neglecting to produce documents, drawings, specifications or things lawfully required by a
Chief Building Official or Inspector.
Refusing to produce documents, drawings, specifications or things lawfully required by a
Chief Building Official or Inspector.
Unauthorized removal of posted order under the Building Code Act.
Knowingly furnishing false information in an application or certificate
COLUMN 2
Provision Creating
Or Defining
Offence
Section 8 (1)
Section 8 (1)
Section 8 (12)
Section 8 (13)
Section 10 (1)
Section 10.2 (1)
Section 11 (1)
Section 11 (1)
Section 14 (4)
Section 19 (1)
Section 19 (1)
Section 19 (4) (a)
Section 19 (4) (a)
Section 20
Section 36 (1) (a)
Note: The general per;y provision for the offences listed above is Section 36, of the Building Code Act, 1992, S
Page 1 of 2
COLUMN
3
Set Fine
$250.00
$250.00
$250.00
$50.00
$150.00
$75.00
$200.00
$150.00
$200.00
$150.00
$150.00
$150.00
$150.00
$100.00
$150.00
1992, c.23
MUNICIPALITY OF SHUNIAH
SET FINE SCHEDULE liE"
TO BY-LAW No. 2608-12
PART 1 PROVINCIAL OFFENCES ACT
Building Code Act, 1992, S.O. 1992, c. 2
ITEM
COLUMN 1
Short Form Wording
15.
Knowingly furnishing false information in an application or certificate
16.
Fail to comply with an order under section 12(2) of the Building Code Act
17.
Fail to comply with an order not to cover under section 13. (1) of the Building Code Act
18.
Fail to comply with an order to uncover under section 13 (6) of the Building Code Act
19.
Fail to comply with an order under section 15.9 (4) of the Building Code Act
20.
Fail to comply with an order under section 15.9 (6) of the Building Code Act
21.
Fail to comply with an order to repair a dangerous building under section 15.10 (1) of the
Building Code Act
Page 2of2
COLUMN 2
COLUMN
3
Provision Creating
Or Defining
Set Fine
Offence
Section 36 (1) (a)
$150.00
Section 36 (1) (b)
$200.00
Section 36 (1) (b)
$200.00
Section 36 (1) (b)
$200.00
Section 36 (1) (b)
$275.00
Section 36 (1) (b)
$275.00
Section 36 (1) (b)
$275.00
Note: The general penalty provision for the offences listed above is Section 36, of the Building Code Act, 1992, S.O. 1992, c.23
MUNICIPALITY OF 8HUNIAH
SET FINE SCHEDULE liE"
TO BY-LAW No. 2608-12
PART 1 PROVINCIAL OFFENCES ACT
Building Code Act, 1992, S.O. 1992, c. 2
ITEM
COLUMN 1
Short Form Wording
1.
Constructing a building without a permit
2.
Demolish a building without a permit
3.
Making a material change to approved plans without obtaining approval from the Chief
Building Official
4.
Constructing a building contrary to the approved plans, specifications, documents and
other information
5.
Change the use of a building or part thereof without permit.
6.
Fail to notify Official of required inspection.
7.
Occupy a new building before lawfully permitted.
8.
Using a new building before lawfully permitted.
9.
Fail to comply with an order to cease construction or demolition.
10.
Hinder or obstruct a chief building official or inspector.
11.
Attempt to hinder or obstruct a chief building official or inspector
12
Neglecting to produce documents, drawings, specifications or things lawfully required by a
Chief Building Official or Inspector.
13.
Refusing to produce documents, drawings, specifications or things lawfully required by a
Chief Building Official or Inspector.
14.
Unauthorized removal of posted order under the Building Code Act.
Page 1 of 2
COLUMN 2
COLUMN
3
Provision Creating
I
Or Defining
Set Fine
Offence
Section 8 (1)
Section 8 (1)
Section 8 (12)
Section 8 (13)
Section 10 (1)
Section 10.2 (1)
Section 11 (1)
Section 11 (1)
Section 14 (4)
Section 19 (1)
Section 19 (1)
Section 19 (4) (a)
Section 19 (4) (a)
Section 20
Note: The general penalty provision for the offences listed above is Section 36, of the Building Code Act, 1992, S.O. 1992, c.23