By-law 2013-12 - Building By-law

South Bruce, Ontario · No. 2013-12 · adopted 2013-02-12 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 3fab5fdf0bb8 · verified 2026-09-25 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

THE CORPORATION OF THE MUNICIPALITY OF SOUTH BRUCE BY-LAW 2013-12 A By-law Respecting Construction Demolition Sewage System, Change of Use, Occupancy, Transfer of Permits, and Inspections and to repeal By-law No. 2005 - 28 WHEREAS Section 7 of the Building Code Act, S.O. 1992, c. 23 as amended, empowers municipal councils to pass by-laws respecting construction, demolition and change of use permits and inspections: AND WHEREAS Section 35 of the Building Code Act, S.O. 1992, c. 23, as amended provides that the Act and Building Code supersede all municipal by­ laws respecting the construction or demolition of buildings; AND WHEREAS Section 3(1) of the Building Code Act, S.O. 1992, c. 23 provides that the council of each municipality is responsible for the enforcement of this Act in the municipality; AND WHEREAS Section 3(2) of the Building Code Act, S.O. 1992, c. 23 as amended provides that the council of each municipality shall appoint a Chief Building Official and such inspectors as are necessary for the enforcement of this Act in the areas in which the municipality has jurisdiction; AND WHEREAS all fees as per this By-Law shall be in accordance with the Municipal Fee By-Law as amended being a by-law to establish the rates, fees and charges for various services provided by the Municipality. NOW THEREFORE the Council of the Corporation of the Municipality of South Bruce enacts as follows: 1.CITATION AND DEFINITIONS 1.l Short Title This by-law may be cited as the "Building By-law". 1.2 Definitions In this by-law, a. "Act" means the Building Code Act, S.O. 1992, c. 23, as amended; b. "As constructed plans" means a constructed plans as defined in the Building Code as amended; c. "Architect" means a holder of a license, a certificate of practice, or a temporary license under the Architect's Act as defined by the Building Code as amended; d. "Building" means a building as defined in Section 1(1) of the Act; e. "Building Code, as amended" means regulations made under Section 34 of the Act; f. "Chief Building Official" means the Chief Building Official appointed by the by law of the Corporation of the Municipality of South Bruce for the purpose of enforcement of the Act; g. "Complete" means a building permit application in accordance with Part 1, Article 1.3.1.2. of Division C of the Building Code as amended submitted with all required approvals appended in order to comply with the building permit timelines as noted in Division C, Part 1, Article 1.3.1.3. of the Building Code, as amended; h. "Corporation" means the Corporation of the Municipality of South Bruce; i. "Demolish" means demolish as defined in the building code as amended; j. "Farm Building" means a farm building as defined in the Building Code, as amended; k. "Final Occupancy" means when all outstanding items on a partial Occupancy including grading have been completed; l. "Owner" means the registered owner of the land and includes a lessee, mortgagee in possession and the person in charge of the property, acting as the authorized agent of the owner; m. "Partial Occupancy" means a permit issued to allow occupancy of a building prior to its completion in accordance with Section 1.3.3.1. or 1.3.3.2, Division C of the Building Code as amended; n. "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 or, in the case of an occupancy permit, to occupy a building or part of a building or parts thereof; o. "Plumbing" means plumbing as defined in Section 1(1) of the Act; p. "Residential construction site" means any construction site in respect of which a building permit has been issued for the construction of a new building consisting of a single dwelling unit where such evacuation is within 2 m. of another occupied dwelling unit except where the site is within a registered plan of subdivision which subdivision is being developed for the first time; q. "Sewage System" means a sewage system as defined in Division A, Part 1, Article 1.4.1.2. of the Regulations r. Other terms which may be used in the by-law and which are defined in the Building Code Act, 1992, including "change certificate"; "construct"; "demolish"; "director"; "final certificate"; "inspector"; "Minister"; "municipality"; "officer"; "planning board"; "plans review certificate"; "principal authority"; "registered code agency"; and "regulations". 2. PERMITS 2.1 Classes of Permits (Ontario Building Code Act. Section 7(a) Classes of permits required for any stage of construction, demolition, change of use, occupancy of a partially complete building, conditional permits and other classes as set forth in Schedule "D" appended to and forming part of this by-law. 2.2 Application for Permit (Ontario Building Code Act. Section 7(b) 2.2.1 To obtain a permit an applicant shall file a "complete" application in writing on forms regulated by the Province of Ontario or by the Chief Building Official. 2.2.2. Every application for a permit shall be submitted to the Chief Building Official, and contain the following information: (a) Where application is made for a Construction Permit under Subsection 8(1) of the Act, the application shall: (i) Use the provincial application form, Application for a Permit to Construct or Demolish; 2 (ii) Include plans, specifications, forms, documents and other information as may be required by Part1, Division C, Article 1.3.1.3. of the Building Code, as amended and as prescribed in this by-law for the work to be covered by the permit; (iii) Include the proposed or existing occupancy of all parts of the building; and (iv) Include the required fees as prescribed by Schedule "A" being Building Permit and Inspection Fees, as amended. (b) Where application is made for a Demolition Permit under Subsection 8(1) of the Act, the application shall: (i) Use the provincial application form, Application for a Permit to Construct or Demolish; (ii) Include plans, specifications, forms, documents and other information as may be required by Division C, Part 1, Article 1.3.1.3. of the Building Code, as amended and as prescribed in this by-law for the work to be covered by the permit; (iii) Include the proposed or existing occupancy of all parts of the building; and (iv) Include the required fees as prescribed by Schedule "A" forming part of this By-Law as amended; (c) Where application is made for a Conditional Permit under Subsection 8(3) of the Act, the application shall: (i) Use the provincial application form, Application for a Permit to Construct or Demolish; (ii) Include plans, specifications, forms, documents and other information as may be required by Division C, Part 1, Article 1.3.1.3. of the Building Code and as amended as prescribed in this by-law for the work to be covered by the permit; (iii) Include the proposed or existing occupancy of all parts of the building; (iv) Include the required fees as prescribed by Schedule "A" forming part of this By-Law as amended; (v) State the reasons why the applicant believes that unreasonable delays in construction would occur if a Conditional Permit is not granted; (vi) State the necessary approvals, which must be obtained in respect of the proposed building and the time in which such approvals will be obtained; (vii) Include an agreement in writing by the applicant and such other persons as the Chief Building Official determines with the Corporation dealing with the matters required pursuant to Section 8(3)(c) of the Building Code Act; and (viii) State the time in which plans and specifications of the complete building will be filed with the Chief Building Official. (d) Where application is made for a Change of Use Permit issued under Subsection 10(1) of the Act, the application shall be submitted to the Chief Building Official and shall: 3 (i) Use the provincial application form, Application for a Permit to Construct or Demolish; (ii) Describe the building in which the occupancy is to be changed, by a description that will readily identify and locate the building; (iii) Identify and describe, as required by the Chief Building Official, the current and proposed occupancies of the building or part of the building for which the application is being made; (iv) Include, as may be required by the Chief Building Official, plans and specifications which show the current and proposed occupancy of all parts of the building and which contain sufficient information to establish compliance with the requirements of the Building Code, amended, including floor plans, details of walls, ceiling and roof assemblies identifying required fire resistance ratings and load bearing capacities and details of the existing sewage system, if any; (v) Include the required fees as prescribed by Schedule "A" forming part of this By-Law as amended, (vi) State the name, address and telephone number of the owner; and (vii) Be signed by the owner or his or her authorized agent who shall certify the truth of the contents of the application. (e) Where application is made for a Plumbing Permit under Subsection (8)(1) of the Act, the application shall: (i) Use the provincial application form, Application for a Permit to Construct or Demolish; (ii) Include the required fees as prescribed by Schedule "A" forming part of this By-Law as amended, (iii) Include such other information, methods and specifications concerning the complete project as the Chief Building Official may require. (f) Every application for a Sewage System Permit shall be submitted to the Chief Building Official and contain the following information: (i) Use the provincial application form, Application for a Permit to Construct or Demolish; (ii)Include plans, specifications, forms, documents and other information as may be required by Division C, Part 1, Article 1.3.1.3. of the Building Code as amended and as prescribed in this by-law for the work to be covered by the permit. (iii) Include the required fees as prescribed by Schedule "A" forming part of this By-Law as amended, (iv) A site evaluation, which shall include all of the following items, unless otherwise specified by the Chief Building Official: (a) The date the evaluation was done; (b) Name, address, telephone number and signature of the person who prepared the evaluation; (c) A scaled map of the site showing: (a) The legal description, lot size, property dimensions, existing rights-of-way, easements or municipal/utility corridors; (b) The location and clearance of items listed in Division B, Part 8, Article 8.2.1.5 and 8.2.1.6. of the Building Code , as amended; (c) The location of the proposed sewage system; (d) The location of any unsuitable, disturbed or proposed areas; (e) Proposed access routes for system maintenance; (f) Depth to bedrock; (g) Depth to zones of soil saturation; (h) Soil properties, including soil permeability; and (i) Soil conditions, including the potential for flooding. 2.3 Revision to Permit 2.3.1 Every person who makes revision(s) shall notify he Chief Building Official and shall submit the following information: Where under Subsection 8(12) of the Act, notification given for a material change to the plans, specifications, documents or other information on the basis of which a permit was issued, the owner or authorized agent shall: (a) Submit revised plans and specifications illustrating the changes and any supporting documentation as may be requested by the Chief Building Official; 2.4 Plans and Specifications (Ontario Building Code Act. Section 7(1) (b) 2.4.1 Sufficient information shall be submitted with each application for a permit to enable the Chief Building Official to determine whether or not the proposed construction, demolition, change of use etc. will conform with the Act, the Building Code as amended and any other applicable law. 2.4.2 Each application shall, unless otherwise specified by the Chief Building Official, be accompanied by two complete sets of the plans and specifications required under this by-law. 2.4.3 Plans shall be drawn to scale on paper or other durable material, shall be legible and, without limiting the generality of the foregoing, shall include such working drawings as set out in Schedule "C" to this By-law unless otherwise specified by the chief building official. 2.4.4 Site plans shall be referenced to an up-to-date survey and, when required by the Chief Building Official to demonstrate compliance with the Act, the Building Code as amended or other applicable law, a copy of the survey shall be submitted to the Chief Building Official. 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; (c) Existing rights-of-way, easements, municipal services and fencing; and (d) Proposed fire access routes and existing fire hydrant locations. 2.4.5 The granting of a permit, the review of the drawings and specifications or inspections made by the Chief Building Official or an inspector shall not in any way relieve the owner of the building from full responsibility for carrying out the work or having the work carried out in accordance with the requirements of this by-law, the Act and the Building Code, as amended, including ensuring that the occupancy of the building, or any part thereof, is in accordance with the terms of this by-law and the Building Code, as amended. 2.4.6 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 the construction under such conditions as may be prescribed in the Ontario Building Code Act, Section 7(g), as amended. 2.4.7 The Chief Building Official may deem an application for permit to have been abandoned and cancelled six months after date of filing, unless such application is being seriously proceeded with. 2.5 Authorization of Equivalents (Alternative Solutions) 2.5.1 Where the application for a permit contains materials, systems or building design for which authorization under Section 9 of the Act is required the applicant shall submit: (a) Supporting documentation demonstrating the proposed materials, systems or building design will provide the required level of performance according to Division A, Article 1.2.1.1 of the Building Code, as amended. (b) Supporting documentation and test methods providing information according to Division C, Section 2.1. of the Building Code, as amended. 2.5.2. The Chief Building Official may accept or reject any proposed equivalents or may impose conditions or limitations on their area. 2.5.3.Equivalents which are accepted under this Section shall be applicable only to the location to whom the approval was given and are not transferable to any other construction permit. 3. FEES (Ontario Building Code Act, Section 7(c) 3.1 Fees for a required permit shall be as prescribed by Schedule "A" being of the Building By-law, as amended and passed by the Council of the Municipality of South Bruce. 3.2 Where application is made for a Conditional Permit, the conditional application fee shall be payable at application for permit and in addition to this fee prior to issuance of the conditional permit the applicable construction permit fee shall be paid for the complete project. 3.3 Where the fees are payable in respect of an application issued under Subsection 8(1) or 8(3) of the Act are based on a floor area, floor area shall mean the total floor space of all storeys measured as the horizontal area between the exterior walls of the building. 3.4 With respect to an application for a Change of Use Permit issued under Subsection 10(1) of the Act the change of use permit fee shall be utilized when no construction is proposed or required. When construction is proposed or required and will result in a change of use the appropriate construction permit fee shall be utilized. 3.5 The Chief Building Official shall determine permit fees not described or included in Schedule "A" forming part of this By-Law. 6 3.6 Refund of Fees (Ontario Building Code Act. Section 7(d) 3.6.1 In the case of withdrawal of an application or the abandonment of all or a portion of the work or the non-commencement of any project, the Chief Building Official shall determine the amount of paid permit fees that may be refunded to the applicant, if any, in accordance with Schedule "B" attached to and forming part of this By-Law. 3.6.2 Notwithstanding Schedule "A", no refund shall be made in an amount less than $50.00. 3.6.3 No refund shall be made unless a written letter for such refund is made by the Owner or his agent and unless the permit is returned for cancellation. 4. NOTICE REQUIREMENTS FOR INSPECTIONS (Ontario Building Code Act, Section 7(e) 4.1The permit holder shall notify the Chief Building Official 48 hours prior to each stage of construction listed in Schedule "E". In addition, the permit holder shall provide the notice of completion as prescribed in Section 11 of the Act, or where occupancy is required prior to completion, notice of inspection to ensure that the requirements of Section 11 of the with. 4.2 A notice pursuant to this part of the by-law is not effective until notice is actually received by the Chief Building Official. 4.3 Upon receipt of proper notice, the inspector shall undertake a site inspection of the building to which the notice relate in accordance with the time period stated in Division C, Article 1.3.5.3.,of the Building Code, as amended and Section 11 of the Act. 5. TRANSFER OF PERMIT (Ontario Building Code Act, Section 7(h) 5.1 Permits are non-transferable without written consent of the Chief Building Official and a Transfer of Permit being issued. 6. PRESCRIBED FORMS (Ontario Building Code Act, Section 7(f) 7.1 The forms prescribed for use shall be regulated by the Province of Ontario and the Chief Building Official. 7. PENALTY CLAUSE 7.1 Section 36 of the Building Code Act provides that a person is guilty of an offence under the Building Code Act if a person contravenes the Building Code Act, the regulations or this by-law. 8. REPEAL CLAUSE 8.1 By-law 2005 - 28 of the Corporation of the Municipality of South Bruce is hereby repealed. 8.2 Appendix "I" of By-Law 2012-105 is hereby repealed 9. This By-Law shall come into full force and effect upon its final passage. 10. This By-law may be cited as "The Municipality of South Bruce Building By- Law" THAT THIS BY LAW BE ENACTED and finally SIGNED AND SEALED this 12th day of February, 2013. X William Goetz - Mayor X Sharon Chambers - CAO/Clerk SEAL Original Signed SCHEDULE 'A' BUILDING PERMIT AND INSPECTION FEES See Municipal Fee By-law for up-to-date fees SCHEDULE "B" BUILDING PERMITS AND FEES Refunds Pursuant to Section 3.5 of the Building By-Law, the fees that may be refunded shall be a percentage of the fees payable under Section 3.1, calculated by the Chief Building Official as follows: a) 80% if the application is received but no processing or review of plans submitted has commenced; b) 50% if the application is received, plans reviewed and permit issued; c) 10% additional deduction for each field inspection that has been performed; and d) No refund shall be in the amount less than $50.00. Interpretation The following explanatory notes are to be observed in the calculation of permit fees: Floor area of the proposed work is to be measured to the outer face of exterior walls and to the centerline of any party walls or demising walls. In the case of interior alterations of renovations, area of proposed work is the actual space receiving the work (e.g. tenant space). Mechanical penthouses and floors, mezzanines, lofts, habitable attics and interior balconies are to be included in all floor area calculations. Except for interconnected floor spaces, deductions are made for opening within the floor area (eg. Stairs, elevators, escalators, shafts, ducts, etc.). Where interior alterations and renovations require relocation of sprinkler heads or fire components, no addition charge is applicable. SCHEDULE "C" SCHEDULE of DOCUMENTS, DRAWINGS and SPECIFICATIONS REQUIRED FOR CONSTRUCTION, DEMOLITION and CHANGE of USE PERMITS A minimum off 2 sets of the following types of drawings, specifications and documents at a legible scale are required to be submitted in order for the various types of Building Permit Applications listed to be considered a complete application pursuant to Section 2.4 of the Building By-Law. Depending upon the nature, scope and scale of a project other additional supporting drawings, specification and documents maybe be required to demonstrate Ontario Building Code compliance at the discretion of the Chief Building Official. Where required by the Chief Building Official the plans and specifications shall be submitted in a digital PDF or ACAD format compatible with the municipalities software system. REQUIRED DOCUMENTATION Where applicable the following supporting documentation shall accompany applications for a permit unless otherwise waived by the Chief Building Official: a) Proof/Confirmation of Approval of all Applicable Law pursuant to Section G of an application to Construct or Demolish. b) Owner/ Engineer/Architect's letter of commitment and general review form Real Property report (Survey Plan) prepared by an Ontario Land Surveyor. c) Driveway access permit approved by the authority having jurisdiction as may be applicable. d) Where required approval by the Ministry of Environment for the design and construction of a private sewage disposal and water supply systems. e) OMAFRA Nutrient Management Strategy and/or Plan Sign-Off Form. f) Heritage Permit pursuant to the Ontario Heritage Act. g) Confirmation of Compliance with OMAFRA Minimum Distance Separation 1 or 2. OPTIONAL i Zoning Compliance Certificate / Pre-consultation Letter ii Approval Lot Grading and Drainage Plan iii Geotechnical Soils Report iv Structural Engineering Report SCHEDULE "D" CLASS OF PERMITS 1. Building Permits (Building Code Act, Section 8(1)) may be issued for all types of construction governed by the Building Code, as amended and may include plumbing, farm building, change of use, sewage system, heating ventilating and air conditioning systems, moving a building etc. 2. Partial Building Permit (Building Code Act, Section 8(1)) may be issued when, in order to expedite work, approval of a portion of the building or project is desired prior to the issuance of a permit for the complete building or project and where the construction authorized by the permit complies with the Act, Building Code, as amended and other applicable law. Application shall be made, fees paid and complete plans and specifications covering the portion of the work for which the immediate approval is desired shall be filed with the Chief Building Official. Where a permit is issued for part of a building or project, such permit shall not be construed to authorize construction beyond the plans for which approval was given not that approval will necessarily be granted for the entire building or project. 3. Conditional permits may be issued by the Chief Building Official in accordance with Section 2.2.2. (a), (C) of this by-law. 4. Change of Use Permit may be issued where a change of use of a building or part of a building would result in an increase in hazard as determined under Section 1.3.1.4 (1), Division C of the Building Code, as amended even though no construction is proposed. 5. Sewage System Permit is required for all Classes of Systems as defined in Section 8.1.2.1(1) (a), (b), (c), (d), and (e), Classification of systems in the regulation. 6. Sign Permits may be issued in respect of the structural requirements for signs as described in Section 3.15, Division B of the Building Code, as amended. 7. Special Building Permit may be issued for all types of construction governed by the Building Code, as amended and may include plumbing, farm buildings, sewage system, signs, change of use and heating, ventilating and air conditioning systems at the discretion of the Chief Building Official where construction or change of use has commenced prior to the issuance of the permit. SCHEDULE "E" STAGE OF CONSTRUCTION REQUIRING NOTIFICATION The person to whom a permit under Section 8 of the Act is issued shall notify the Chief Building Official 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 duckwork and piping for beating and air-conditioning systems, if the building is within the scope of Part 9, Division B. d) Substantial completion of structural framing and rough-in of heating, ventilation, air-conditioning extraction equipment, if the building is not a building to which Claus (c) applies. e) Substantial completion of insulation, vapour barrier 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) Readiness for inspection and testing of: i) Building sewers and building drains, ii) Water service pipes, iii) Fire service mains, iv) Drainage systems and venting systems, v) The water distribution system, and vi) Plumbing fixtures and plumbing appliances. i)Readiness for inspection of suction and gravity outlets, covers and suction piping servicing outlets, of an outdoor pool described in Clause 1.3.1.1. (1)(j) of Division A, a public pool or a public spa. j)Substantial completion of the circulation/recirculation system of an outdoor pool described in Clause 1.3.1.1.(1)(j) of Division A, a public pool or public spa and substantial completion of the pool before it is filled with water. k)Readiness to construct the sewage system. l) Substantial completion of the installation of the sewage system before the commencement of backfilling m) Substantial completion of installation of plumbing not located in a structure, before the commencement of backfilling. n) Completion of construction and installation of components required to permit the issuance of an occupancy permit under Sentence 1.3.3.2.(1), Division C or to permit occupancy under Sentence 1.3.3.2.(1), Division C if the building or part of the building to be occupied is not fully completed. o) Completion of a building or part thereof for which an occupancy permit is required under Division C, Article 1.3.3.4., and p) Substantial completion of site grading. SCHEDULE "F" LIST OF PLANS, SPECIFICATIONS, DOCUMENTS AND OTHER INFORMATION TO ACCOMPANY APPLICATIONS FOR PERMITS Plans 1. Ontario Land Surveyors Plans 2. Site Plan 3 Contour of Grade Plans 4. Drainage Plans 5. Foundation Plans 6. Architectural Plans 7. Structural Plans 8. Mechanical and Electrical Plans 9. Reinforced Concrete Plans 10. Chimney and Fireplace Plans 11. Renovation and Alteration 12. As Constructed Plans 13. Fire Alarms or Evacuation Plans (within buildings) 14. Fire Protection Plans - showing the type of fire assemblies, fire separations, fire compartments, and fire resistance ratings within buildings. 15. Schematic Plans - showing the type, location and operation of all building fire emergency systems. Specifications 1. Specification on entrances to the property with necessary approvals in writing. 2. Specifications on sewer system and water supply whether Municipal or private, with necessary written approvals. 3. Specifications on the proposed occupancies. 4. Specifications on building materials or a method of construction, and may require to be submitted by a registered professional engineer. 5. Specifications on soils investigations. 6. Specifications on any other applicable law as set out in Section 8(2) (a) of the Building Code Act, as amended. DOCUMENTS 1. Trade Certificates and Certification of Qualification. Other 1. Any other information as may be relevant to prove compliance with the Building Code Act, as amended. NOTE: The Chief Building Official may specify that not all the above mentioned plans are required to accompany an application for a permit. D _______________________________________________________ _______________________________________________________ SCHEDULE "G" BUILDING DEPARTMENT 21 Gordon Street E. PO Box 540 Teeswater, ON N0G 2S0 Fax:(519) 392-6266 PLUMBING APPLICATION Property Owner's Name: Property Address: Contractor:__________________________ Licence No. _________________ New Installation Alteration Repair Complete box below Description of Fixtures Water Closet Total # of Fixtures Rate per Fixture $8.12 Fee Lavatory (Sink) $8.12 Bath Tub $8.12 Kitchen Sink $8.12 Laundry Tub $8.12 Shower Stall $8.12 Urinal $8.12 3 Compartment Sink $8.12 Washing Machine $8.12 Floor Drain $8.12 Bidet $8.12 Other (Table 7.4.9.3. OBC) $8.12 Alterations to Existing Plumbing and Additions: # of Fixtures_____@$8.12 PLUS Flat Fee: $57.00 Total Value of Permit I hereby agree to confirm strictly to all provisions of the Municipality of South Bruce By-Laws and to all Rules and Regulations relating to plumbing made under the Ontario Building Code, to give due notice when work is ready for inspection and to leave all pipes and fixtures accessible for inspection without use of any tools whatsoever. NOTIFICATION FOR INSPECTION shall be made at least 48 HOURS prior to the inspection date and all work shall be left uncovered until inspected tested (water or air) and accepted. Date: __________________________Signed:________________________________ Owner or Authorized Agent