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THE CORPORATION OF THE
TOWNSHIP OF SOUTH ALGONQUIN
BY-LAW NUMBER: 04-214
BEING A BY-LAW TO REGULATE THE ERECTION AND PROVIDE
FOR THE SAFETY OF BUILDINGS, TO PROVIDE FOR THE ISSUING
OF BUILDING, DEMOLITION, CHANGE OF USE PERMITS, FOR THE
CARRYING OUT OF INSPECTIONS OF BUILDINGS, THE APPROVING
OF PLANS OF ALL BUILDINGS TO BE ERECTED, THE SETTING OF
FEES AND PRESCRIBING OF FORMS FOR SUCH.
WHEREAS Section 7 of the Building Code Act 1992, Chapter 23 as amended, empowers
Council to pass certain by-laws respecting construction, demolition, change of use permits and
inspection of buildings, providing for applications of permits and requiring of plans and
information to accompany such applications, requiring the payment of fees on applications and
for the issuance of permits and prescribing amounts thereof, providing for refunds of fees under
certain circumstances, for the prescribing of notice to be given to the Chief Building Official, and
for prescribing forms respecting applications and permits.
NOW THEREFORE the Municipal Council of The Corporation of the Township of South
Algonquin ENACTS as follows:
1.
SHORT TITLE:
1.1
This by-law may be cited as the Building By-Law.
2.
DEFINITIONS:
2.1
In this by-law,
a) "Act" means the Building Code Act, 1992, c.23 including amendments
thereto;
b) "Building" means a building as defined in Section 1 (1) of the Building Code
Act;
c) "Chief Building Official" means the Chief Building Official or appointed by
the Township of South Algonquin for the purposes of enforcement of the
Building Code Act;
d) "Construction" means construction as defined in subsection 1(1) of the
Building Code Act and the term construction shall have a similar meaning;
e) "Corporation" or "Township" means The Corporation of the Township of
South Algonquin;
f)
"Demolition" means demolish as defined in subsection 1 (1) of the Building
Code Act;
g) "Ontario Building Code Act" means the regulations made under section 34
of the Building Code Act;
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h) "Owner" means the person whose name appears on the deed or transfer
registered in the Registry Office for the District of Nipissing for the land in
respect of which an application for a permit is made pursuant to the By-Law;
i)
"Permit" means written permission or written authorization from the Chief
Building Official to perform work regulated by this Chapter and the Building
Code Act;
j)
"Plumbing" means plumbing as defined in Section 1 (1) of the Building
Code Act;
k) "Sewage System Permit" means a permit issued by the Township of South
Algonquin, for the installation of a septic system.
2.2
Unless otherwise stated, any work or term that is defined in the Building Code Act
shall have the same meaning is it is used in the By-Law.
3.
CLASSES OF PERMITS:
3.1
Building Permit;
3.2
Conditional Permit;
3.3
Change of Use Permit;
3.4
Demolition Permit;
3.5
Readiness for Occupancy Permit/Certificate of Inspection;
3.6
Sewage System Permit.
4.
APPLICATION OF PERMITS:
Classes of permits with respect to the construction, demolition and change of use of
buildings shall be as set out in Section 3.1 through 3.6 inclusive, and shall be issued by
the Chief Building Official upon receipt of a completed application in the prescribed form
available at the offices of the municipality or from the Chief Building Official.
The
prescribed forms shall be as set out in Schedule "A" to this By-Law.
4.1
Building Permit - application - requirements:
Every person who applies for a permit under subsection 8 (1) of the Building Code
Act, in addition to providing a completed application in the prescribed form shall:
a) identify and describe in detail the work and occupancy to be covered by the
permit for which application is made;
b) describe where the work is to be done, by a description that will readily
identify and locate the building lot in relation to the lot lines;
c) include complete plans and specifications as described in Schedule "B" to the
By-Law for the work to be covered by the permit;
d) state the valuation of the proposed work including materials and labour and be
accompanied by the required fee;
e) state the name, addresses and telephone numbers of the owner, architect or
engineer, where applicable, or other designer or constructor;
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f)
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
g) be signed by the owner or his or her authorized agent who shall certify the
truth of the contents of the application.
4.2
Conditional Permit - application - requirements:
To be issued only under special circumstances on recommendation of the Chief
Building Official and approval by Council pursuant to an agreement with the
municipality.
Every person who applies for a conditional permit under subsection 8 (3) of the
Building Code Act, in addition to providing a completed application in the
prescribed form, shall provide:
a) the information required by clauses 4.1 (1) to (g) of the By-Law;
b) other information, plans or specifications concerning the complete project as
the Chief Building Official may require;
c) a statement giving the reasons why the applicant believes that unreasonable
delays in construction would occur if a conditional permit is not granted;
d) a statement listing the necessary approvals which must be obtained with
respect to the proposed building and the time in which such approvals will be
obtained;
e) a statement giving the time in which plans and specifications of the complete
building will be filed with the Chief Building Official (if applicable);
f)
an agreement with the Corporation as well as a substantial deposit to be
established by Council as required by clause 8 (3) of the Building Code Act.
4.3
Change of Use Permit - application - requirements:
Every person who applies for a change of use permit issued under section 10 (1) of
the Act, in addition to providing a completed application in the prescribed form,
shall:
a) describe the building in which the occupancy is to be changed, by a
description that will readily identify and locate the building;
b) identify and describe in detail the current and proposed occupancies of the
building or part of the building for which the application is made;
c) include plans and specifications which show the current and proposed
occupancy of all parts of the building and which contain sufficient information
to establish compliance with the requirements of the Ontario Building Code,
including:
floor plans, details of wall, ceiling and roof assemblies, identify
required fire resistance ratings and load bearing capacities;
d) state the name, address and telephone number of the owner;
e) be signed by the owner or his or her authorized agent who shall certify the
truth of the contents of the application.
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4.4
Demolition Permit - application - requirements:
Where application is made for a demolition permit under Section 8 (1) of the
Building Code Act, the application shall:
a) contain the information required by clauses 4.1 (a) to (g) of this By-Law;
b) describe the method of demolition and the plan for removal and disposal of
rubble and debris from the site; and
c) be accompanied with satisfactory proof that arrangements have been made
with the proper authorities for the cutting off and plugging of all water, sewer,
electric, telephone, gas or other utilities and services.
4.5
Readiness for Occupancy Permit - application - requirements:
Every person who requires a readiness for occupancy permit/certificate of
inspection, in addition to providing a completed application in the prescribed
form, shall provide:
a) a set of as-built construction drawings if said construction project differs from
the proposed construction drawings submitted with the permit application; and
b) a legal survey of the property indicating the location of all buildings on the
property for all new building except accessory building, if required.
4.6
Transfer of Permit:
a)
Permits are transferable only upon the new owner completing a permit
application to the requirements of section 4.1 of the By-Law;
b)
A fee, as prescribed in Schedule "C" shall be payable on a transfer of a permit
by the new owner who shall become the permit holder for the purpose of the
Building Code Act and the Ontario Building Code.
4.7
Sewage System Permit - requirements:
Every person who is proposing to construct a habitable dwelling or which requires
sanitary facilities must first obtain a Sewage System Permit from the Township of
South Algonquin, prior to the issuance of a Building Permit.
5.
ISSUANCE OF PERMITS:
5.1
Conditions - not issue permit:
The Chief Building Official shall issue a permit for which an application has been
made except where:
a) the proposed building construction, demolition or change will contravene any
provisions of the Building Code Act, the Ontario Building Code, this By-Law
or any other applicable law;
b) the Applicant is a builder or vendor as defined in the "Ontario New Home
Warranties Plan Act", R.S.O. 1990 C. O 31, as amended, and is not registered
under the Act;
c) the application as required by this By-Law is incomplete; or
d) any fees due pursuant to this By-Law are unpaid.
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6.
EQUIVALENTS:
6.1
Application - permit - authorization - material change:
Where an application for a permit or for authorization to make a material change
to a plan, specifications, 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, the following
information shall be provided:
a)
a description of the proposed material, system or building design for
authorization under Section 9 of the Act is required;
b)
any application provisions of the Ontario Building Code;
c)
evidence that the proposed material, system or building design will provide
the level of performance required by the Ontario Building Code.
7.
FEES AND REFUNDS:
7.1
Permit - application - fees:
Fees for all applications, permits and responses shall be set out in Schedule "C" to
this By-Law and shall be paid at the time of submitting an application, or prior to
the issuing of a permit.
7.2
Request for refund - permit:
Where
an
application
has
been
withdrawn
or
abandoned,
or
the
non-
commencement of any work, which a Permit has been issued for, the Chief
Building Official may determine the amount of paid permit fees that may be
refunded, if any, in accordance with Schedule "D" attached to and forming part of
the By-Law.
8.
PERMIT REVOCATION:
8.1
Non-commencement - discontinuation - time limitation:
Where a permit is issued and the construction or demolition has not commenced or
is substantially suspended or discontinued for a period of time as described in
Section 8 (10) of the Act, the permit may be revoked.
8.2
Construction - continuation - written request:
If the holder of the permit wishes to continue with the construction or demolition a
written request shall be submitted to the Chief Building Official.
8.2
Continuation - permitted - conditions:
Upon receipt of the request, the Chief Building Official may allow the permit to
continue in effect and attach conditions thereto.
8.3
Notice - reply within thirty days - options:
Prior to revoking a permit in accordance with the Building Code Act, the Chief
Building Official may give written notice of intention to revoke to the permit
holder at his or her last known address and if, on the expiration of thirty days from
the date of such notice, the ground for revocation continues to exist, the permit
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shall be revoked without further notice and all submitted plans and other
information may be disposed of or, at the request of the permit holder, returned as
directed.
9.
NOTIFICATION:
9.1
Notice of material change to plan:
After the issuance of a permit under the Building Code 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.
9.2
Inspection - Conditional - Partial - Permit:
As required by the Ontario Building Code, O. Reg. 413/90 as amended, every
person to whom a building permit has been issued shall notify the Chief Building
Official for each stage of construction as prescribed therein, and shall allow at
least two working days for an inspection to be carried out thereafter.
9.3
Inspection - Demolition Permit:
Every person to whom a demolition permit has been issued shall notify the Chief
Building Official at least two working days in advance of the commencement of
said demolition.
10.
ADMINISTRATION:
10.1
Chief Building Official - Keep Records - Administer - Enforce:
The Chief Building Official shall:
1.
administer and enforce the provisions of this By-Law and the Building
Code Act; and
2.
keep proper records of all applications received, permits and orders issued,
inspections and tests made and shall retain copies of all papers and
documents connected with the administration of the By-Law.
10.2
Chief Building Official - Right to enter on lands - Reasonable times:
The Chief Building Official may, for the purposes of inspecting a building or site
in respect of which a Permit has or has not been issued, enter in or upon any land
or building at any reasonable time without a warrant pursuant to the provisions of
Section 12 of the Building Code Act.
11.
ENFORCEMENT:
11.1
Fine - for contravention:
Any person found to be in contravention of any provision of this By-Law is guilty
of any offence and upon conviction is liable to a fine as prescribed in Section 36
of the Building Code Act.
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11.2
Any person, contractor or builder who commences construction or demolition of a
building project, prior to first obtaining a permit, will be subject to paying a
penalty of 20% of the permit fee (minimum $100.00) in addition to the actual
permit fee.
11.3
No person shall construct or demolish a building or cause a building to be
constructed or demolished unless a permit has been issued therefore by the Chief
Building Official, Section 8.(1) of the Building Code Act.
NOTE: The maximum fine for a first offence is $25,000.00 and for a second offence is
$50,000.00.
12.
ENFORCEMENT:
This By-Law shall come into force and take effect on September 15th, 2004.
READ A FIRST AND SECOND TIME THIS 5th DAY OF August, 2004.
READ A THIRD TIME AND PASSED THIS 5th DAY OF August, 2004.
__________________________________
____________________________________
(Jim Etmanski, Mayor)
(Harold Luckasavitch, Clerk-Treasurer)
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Schedule "A"
PRESCRIBED FORMS
1.
Application for Construction, Demolition, Conditional Permit
2.
Application to Permit the Installation of Swimming Pool and Fence Enclosure
3.
Application to Permit Change of Use
4.
Construction Permits
5.
Conditional Permit
6.
Demolition Permit
7.
Change in Use Permit
8.
Transfer of Permit
9.
Occupancy Permit/Certificate of Inspection - RE: Readiness for Occupancy
10.
Order to comply with Act or Building Code
11.
Stop Work Order
12.
Order to Remedy Unsafe Building
13.
Order Prohibiting Use or Occupancy and/or Occupancy of Unsafe Building
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Schedule "B"
Pursuant to Section 5.7 of the Building Code Act and Section
4 of this By-law the following list of plans or working
drawings are to accompany an application for permit.
1.
The Site Plan
2.
Floor Plans
3.
Foundation Plans
4.
Framing Plans
5.
Roof Plans
6.
Sections and Details
7.
Building Elevations
8.
Heating, Ventilation and Air Conditioning Drawings and Calculation Sheet
9.
Plumbing Drawings
NOTES &/or REQUIREMENTS
1.
The Chief Building Official may specify that not all the above-mentioned plans are
required to accompany an application for a permit.
2.
Written approvals as required under Section 2.3, Design and General Review of the
Ontario Building Code, shall accompany all Plans and Applications.
3.
Every applicant shall furnish:
a.
A complete set of plans, specifications, documents (or any number of additional
complete sets as determined by the Chief Building Official) and other information to
enable the Chief Building Official to determine whether the proposed application
conforms to the Building Code Act and the Ontario Building Code.
b. A site plan referenced to a current plan of survey certified by a registered Ontario
Land Surveyor and a copy of such survey shall be filed with the Municipality (unless
this requirement is waived) because the Chief Building Official is able, without
having a current plan of survey, to determine whether the proposed work conforms to
the Building Code Act, the Ontario Building Code and any other applicable law.
c.
Site Plan will include:
i. Lot size and dimensions of property;
ii. Setbacks from existing and proposed buildings to property boundaries and to
each other;
iii. Existing and finished ground levels or grades;
iv. Rights-of-ways, easements, septic systems, wells and municipal services
existing or proposed;
v. Plans submit shall be legible and be drawn to scale upon paper or other
suitable durable material;
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vi. Copies of the Building Permit, provided by the Chief Building Official to the
applicant, shall be posted by the applicant in a location that is visible and
conspicuous from the road or right-of-way providing access to the property
and from bodies of water, where the work described on the permit is to take
place.
d. On completion of the construction of a building, the Chief Building Official (may
require) a set of as constructed plans, including a building location survey.
e.
Plans and Specifications furnished according to this By-Law or otherwise required by
the Act will be disposed of or retained in accordance with relevant legislation.
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Schedule "C"
PERMIT FEES
1.
RESIDENTIAL:
a.
New Buildings (habitable)
(excluding carport, garage & basement)
$.30/sq./ft
b. Additions, renovations, alterations or repairs
$.30/sq./ft
(minimum $100.00)
c.
Garage, carport or accessory building
$.10/sq./ft
(minimum $100.00)
d. Installation of a building unit fabricated or moved
$.20/sq./ft
from elsewhere (e.g. mobile home-factory built home)
(minimum $100.00)
2.
COMMERCIAL & INDUSTRIAL:
a.
New buildings or structure
$.30/sq./ft
b. Additions, renovations, alterations or repairs
$.30/sq./ft
(minimum $100.00)
3.
OTHER:
a.
Swimming Pool & Fence Enclosure
$100.00
b. Prefabricated truss arch structures & decks
$100.00
c.
Installation of chimney, fireplace, fireplace insert,
stove range, space heater, or appliance using solid fuel
$100.00
(not required if permit obtained for new construction
or additions)
d. (i)
Residential Demolition Permit
$100.00
(ii)
Commercial Demolition Permit (under 6000 sq. ft.)
$100.00
(iii)
Commercial Demolition Permit (over 6000 sq. ft.)
$200.00
Note: If landfill site is used for any of these three permits
An additional tipping fee will be charged (see Waste
Management By-law).
e.
Change of Use Permit
$75.00
f.
Transfer of Permit
$75.00
g. Occupancy Permit/Completion Permit
NO CHARGE
(if additional on site visit is required add $75.00 per visit)
h. Inspection of lands pertaining to septic, wells, severance
purchasing or selling
$75.00
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i.
Research permit archives and distribute information
$30.00
j.
No permits are required for the following: replacing an
existing roof material, existing siding with a material of
similar type, existing windows or doors, repairs of an
emergency nature that are temporary to prevent weather
damage until permanent repairs are made and a shed or
other free standing structure under (10 square meters)
107 sq. ft.
NO CHARGE
k. Any extra costs pertaining to any of the preceding shall
be borne by the property owner.
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Schedule "D"
REFUNDS
Percentage of Fee
Status of Permit - Application
Eligible for Refund
1.
Application filed.
No process or Review of Plans submitted
80%
2.
Application filed
Plans reviewed and Permit issued
50%
3.
Permit valued at $100.00 or less (No Refund)
0%