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The Corporation of the Municipality of South Huron
By-Law 19-2023
A By-Law respecting construction, demolition, change of use and inspection.
The Corporation of the Municipality of South Huron
Office Consolidation
This by-law is printed under and by authority of the Council of the Municipality of South
Huron
Disclaimer:
The following consolidation is an electronic reproduction made available for information
only. It is not an official version of the by-law. The format may be different, and plans,
pictures, other graphics or text may be missing or altered. The Municipality of South
Huron does not warrant the accuracy of this electronic version. This consolidation cannot
be distributed or used for commercial purposes. It may be used for other purposes only if
you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can
be obtained from the Clerk's Department by calling 519-235-0310.
The Municipality of South Huron - By-Law #19-2023
Page 2 of 16
By-Law #19-2023
Being a By-Law respecting construction, demolition, change of use and inspection.
Whereas Section 3(1) of the Building Code Act, S.O. 1992, c. 23, as amended provides
that the council of each municipality is responsible for the enforcement of 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 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 7.1(1) of the Building Code Act, S.O. 1992, c. 23, as amended, requires
the principal authority to establish and enforce a code of conduct for the Chief Building
Official and inspectors; and
Whereas Section 35 of the Building Code Act, S.O. 1992, c.23, as amended, provides
that that Act, and the Building Code supersede all municipal by-laws respecting the
construction or demolition of buildings; and
Whereas Section 398 of the Municipal Act, S.O. 2001, c. 25 as amended, provides for the
addition of unpaid permit application fees through the tax roll.
Now therefore the Municipal Council of The Corporation of the Municipality of South
Huron enacts as follows:
1.
Citations and Definitions
1.1
Short Title
1.1.1 This by-law may be cited as "The Building By-Law".
1.2
Definitions
In this by-law,
1.2.1 "Act" means the Building Code Act, S.O. 1992, C.23, as amended;
1.2.2 "As constructed plans" means as constructed plans as defined in the
Building Code, as amended;
1.2.3 "Architect" means a holder of a license, a certificate of practice, or a
temporary license under the Architect's Act as defined in the Building
Code, as amended;
1.2.4 "Building" means a building as defined in the Act;
1.2.5 "Building Code," means regulations made under Section 34 of the Act
as amended from time to time"
1.2.6 "Chief Building Official" means the Chief Building Official (CBO)
appointed by bylaw of The Corporation of the Municipality of South
Huron for the purposes of enforcement of the Act;
1.2.7 "Complete" means a building permit application in accordance with Div.
C Part 1 Article 1.3.1.2. of the Building Code, as amended, submitted
with all required approvals appended in order to comply with the
building permit timelines as noted in Div. C Part 1 Article 1.3.1.3. of the
Building Code, as amended;
1.2.8 "Corporation" means The Corporation of the Municipality of South
Huron;
1.2.9 "Demolish" means demolish as defined in the Act;
1.2.10 "Fees and Charges By-law" means the Municipality's Comprehensive
Fees and Charges By-law then in force;
The Municipality of South Huron - By-Law #19-2023
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1.2.11 "Final Occupancy" means when all outstanding items on a Partial
Occupancy including grading have been completed;
1.2.12 "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;
1.2.13 "Partial Occupancy" means a permit issued to allow occupancy of a
building or part thereof, prior to its completion in accordance with Div.
C Part 1 Subsection 1.3.3. of the Building Code, as amended;
1.2.14 "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;
1.2.15 "Plumbing" means plumbing as defined in Section 1(1) of the Act;
1.2.16 Other terms which may be used in the by-law, and which are defined in
the Building Code Act, 1992, include without limitation: "change
certificate"; "construct"; "demolish"; "director"; "final certificate";
"inspector"; "Minister"; "municipality"; "officer"; "planning board"; "plans
review certificate"; "principal authority"; "registered code agency"; and
"regulations".
Permits
2.
Classes of Permits (Building Code Act, Section 7(1)(a))
2.1
Classes of permits shall be as set forth in Schedule "B" appended to and
forming part of this by-law.
3.
Application for Permit (Building Code Act, Section 7(1)(b))
3.1
To obtain a permit, an applicant shall file a complete application for the class
of permit required in the applicable form prescribed by the Province of Ontario
and the CBO.
3.2
Every application shall be submitted electronically using the software as
prescribed by the Municipality utilizing the fillable form for the applicable class
of permit.
3.3
Every application for a permit shall be submitted to the CBO, or their
designate 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)
include plans, specifications, forms, documents and other
information as may be required the Building Code, as amended
and as prescribed in this by-law or the CBO for the work to be
covered by the permit; and
(ii)
include the proposed or existing occupancy of all parts of the
building;
(b)
Where application is made for a demolition permit under Subsection
8(1) of the Act, the application shall:
(i)
include plans, specifications, forms, documents and other
information as may be required the Building Code, as amended
and as prescribed in this by-law or the CBO for the work to be
covered by the permit;
(ii)
include the existing occupancy of all parts of the building; and
(iii)
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, telephone or other
The Municipality of South Huron - By-Law #19-2023
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utilities and services.
(a)
Where application is made for a conditional permit under Subsection
8(3) of the Act, the application shall:
(i)
include plans, specifications, forms, documents and other
information as may be required by the Building Code, as
amended as required by CBO or as described in this by-law for
the work to be covered by the permit;
(ii)
include the proposed or existing occupancy of all parts of the
building;
(iii)
state the reasons why the applicant believes that unreasonable
delays in construction would occur if a conditional permit is not
granted;
(iv)
state the necessary approvals, which must be obtained in
respect of the proposed building and the time in which such
approvals will be obtained;
(v)
include an agreement in writing by the applicant and such other
persons as the CBO determines appropriate and with the
Corporation dealing with the matters required pursuant to
Section 8(3)(c) of the Building Code Act;
(vi)
the agreement must be authorized to be entered into by the
principal authority; and
(vii)
state the time in which plans and specifications of the complete
building will be filed with the CBO.
(b)
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
CBO and shall:
(i)
Describe the building in which the occupancy is to be changed,
by a description that will readily identify and locate the building;
(ii)
identify and describe, as required by the CBO, the current and
proposed occupancies of the building of part of a building for
which the application is made;
(iii)
include, as may be required by the CBO, 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, as
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;
(iv)
include the required fee as set out by the Municipality of South;
(v)
state the name, address and telephone number of the owner; and
(vi)
be signed by the owner or his or her authorized agent who shall
certify the truth of the contents of the application.
3.3
Fees
An applicant shall submit payment for the required fee as further described in
section 5 after the CBO, or their designate has calculated the fee and provided
the invoice. The fee shall be paid in full prior to the issuance of the permit
3.4
Revision to Permit
After issuance of a permit under the Act, notice of any material change to a
plan, specification, document or other information on the basis of which a
permit was issued, must be given in writing or submitted electronically via a
plans resubmission to the CBO together with the details of such change which
is not to be made without the CBO's authorization. Further, the required fee as
The Municipality of South Huron - By-Law #19-2023
Page 5 of 16
set out by the Municipality of South Huron shall be paid as soon as possible
after the fee has been calculated and the invoice provided. The fee shall be
paid in full prior to the issuance of the revision to the permit.
4.
Plans and Specifications (Building Code Act, Section 7(1)(b))
4.1
Sufficient information shall be submitted with each application for a permit to
enable the CBO to determine whether the proposed construction, demolition,
change of use, etc. will conform to the Act, the Building Code and any other
applicable law.
4.2
Each application shall, unless otherwise specified by the CBO, be
accompanied by two complete sets of the plans and specifications required
under this by-law when submitting hard copies. Hard copies will only be
accepted in lieu of digital submission when permitted by the CBO in writing.
4.3
Plans shall be drawn to scale, 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 CBO.
4.4
Documents and other information as set out in Schedule "C", unless otherwise
specified by the CBO, are required to be prepared by a qualified person for the
proposed scope of work.
4.5
Site plans shall be referenced to an up-to-date survey as prepared by an
Ontario Land Surveyor (O.L.S) and when required to demonstrate compliance
with the Act, a copy of the survey shall be submitted to the CBO. Regulations
pertaining to construction of Residential, Commercial, Industrial and
Institutional buildings, are set out in Schedule "D" to this by-law. 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)
existing and proposed fire access routes and existing and proposed
fire hydrant locations.
4.6
The granting of a permit, the review of the drawings and specifications or
inspections made by the CBO or an inspector shall not in any way relieve the
owner of a 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.
The CBO may require that a set of plans of a building or any class of buildings
as constructed be filed with the CBO on completion of construction under
such conditions as may be prescribed in the Act, Section 7(g).
4.7
The CBO may deem an application for a permit to have been abandoned and
revoke said application six months after the date of filing, unless such
application is being seriously proceeded with. The applicant will be informed
with reasons for the revocation.
5.
Fees (Building Code Act, Section 7(1)(c))
5.1
Fees payable in relation to an application for a permit shall be as set out in the
Fees and Charges By-Law, as amended and are due and payable upon
submission of an application for a permit, subject to section 3.3.
5.2
Where application is made for a conditional permit, a conditional permit
application fee shall be payable at the time of application for the conditional
permit and in addition to such fee, prior to issuance of the conditional permit,
the applicable construction permit fee shall be paid for the complete project.
The Municipality of South Huron - By-Law #19-2023
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5.3
Where the fees payable in respect of an application issued under Subsections
8(1) or 8(3) of the Act are based on a floor area, floor area shall mean the
space on all stories of a building between exterior of the exterior walls and
centerline of the required firewalls, including the space occupied by interior
walls and partitions, exits, vertical service spaces and their enclosing
assemblies. Unfinished basements are not included in the above calculation.
5.4
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.
5.5
The CBO shall determine permit fees not described or included in the Fees
and Charges By-Law, as amended.
5.6
Where the fees payable in respect of an application for a construction or
demolition permit issued under subsection 8(1) of the Act or a conditional
permit under subsection 8(3) of the Act are based on the cost of valuation of
the proposed work, the cost of valuation of the proposed work shall mean the
total cost of all work regulated by the permit, including the cost of all material,
labour, equipment, overhead and professional and related services. Provided
that where application is made for a conditional permit, fees shall be paid for
the complete project.
5.7
The CBO may place a valuation on the cost of the proposed work for the
purposes of establishing the permit fee and where disputed by the applicant,
the applicant shall pay the required fee under protect and within six months of
completion of the project, shall submit an audited statement of the actual costs,
and where the audited costs are determined to be less than the valuation, the
CBO shall issue a refund.
5.8
When studies, briefs and/or third-party (peer) reviews are required prior to or
during plans review, the applicable review fee(s), must be paid in full prior to
the permit being issued.
5.9
Increased Fee: Commencing Work without a Permit
Any person or corporation who commences construction or demolition or
changes the use of a building before obtaining a permit shall be subject to and
pay an additional fee in connection with the application for a permit that is
intended to cover additional costs incurred by the Municipality in enforcing the
Act, and such additional fee shall be equal to 100% of the amount calculated
as the regular permit fee up to a maximum amount of five thousand dollars
($5,000.00).
5.10
Unpaid application fees or any other fees/charges imposed under this by-law
and/or the Fees and Charges by-law referenced in section 5.1 may be added
to the tax roll for the property to which the application fees and/or other
fees/charges relate and such amounts constitute a debt to the municipality.
6.
Refund of Fees (Building Code Act, Section 7(1)(d))
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 CBO shall
determine the amount of paid permit fees that may be refunded to the
applicant, if any, in accordance with Schedule "A" attached to and forming part
of this by-law.
7. Notice Requirements for Inspections (Building Code Act, Section 7(1)(e))
7.1
A person to whom a permit is issued shall give notice of readiness for
inspection to the CBO or appointed designate at least 48 hours or two
business days prior to a mandatory inspection as required by Div. C Part 1
Subsection 1.3.5. or any other inspection that may be requested by the
CBO.
The Municipality of South Huron - By-Law #19-2023
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7.2
At the sole discretion of the CBO, where the owner or authorized agent
gives notice for a specific inspection of any building, lot or parcel of land
and:
a) the inspection cannot be properly carried out due to unfinished work, or
b) the inspection is broken down into multiple inspections due to the
phasing or complexity of the building, or
c) there is an unsafe working condition at the site, or
d) more than two inspections have been conducted without correcting all original
noted deficiencies, or
e) the inspection is requested to be performed outside of the regular office
hours of the Corporation, the owner shall be responsible for the
Corporation's additional costs, as specified in the Municipality of South
Huron's fee structure. Such additional fees shall be termed 're-inspection'
and shall be due and payable to the treasurer of the Corporation upon
demand.
8.
Prescribed Forms (Building Code Act 7(1)(f))
8.1
Certain forms are prescribed for use by the Province of Ontario while others
are required by the CBO. Refer to Schedule "F" of this by-law for a list of forms.
Schedule "F" does not form part of this by-law but is included for administrative
purposes.
9.
As Constructed Drawings (Building Code Act, Section 7(1)(g))
9.1
The CBO may require that a set of plans of a building or the lot grading for the
property or any class of buildings as constructed be filed with the CBO on
completion of construction under such conditions as may be prescribed in the
Building Code Act, as amended.
10.
Transfer of Permit (Building Code Act, Section 7(1)(h))
10.1
Permits are non-transferable without written consent of the CBO and an
"Application for Transfer of Permit to New Owner" being completed, reviewed,
and approved by the CBO.
11.
Construction Site Safety (Building Code Act, Section 7(1)(i)(j))
11.1
Fences at Construction and Demolition Sites
11.1.1 Where, in the opinion of the Chief Building Official, or Inspector, a construction
or Demolition site presents a hazard to the public, the Chief Building Official, or
Inspector may require the owner to erect such fences as deems appropriate to
the circumstances by the Chief Building Official.
11.1.2 In considering the hazard presented by the construction or demolition site, the
necessity for fences and the height and characteristics of such fences, the
Chief Building Official or Inspector 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 activities and
materials;
(d) the feasibility and effectiveness of site fences; and the duration of the
hazard.
11.1.3 Every fence required by this section shall:
(a) be erected so as to fully enclose all areas of the site which present a
hazard;
(b) create a continuous barrier and be sufficient to deter unauthorized entry;
The Municipality of South Huron - By-Law #19-2023
Page 8 of 16
(c) have a height not less than 1.2 meters above grade at any point, unless
the Chief Building Official or Inspector determines that a greater minimum
height is
necessary;
(d) if constructed of plastic mesh, snow fencing, or other similar materials,
be securely fastened at 200mm on centre to vertical posts not more than 1.2
metres apart, and horizontal members or a minimum 11-gauge cable at the
top and bottom; and
(e) be maintained in a vertical plane and in good repair.
12.
Code of Conduct
12.1
The Code of Conduct applies to the CBO and inspectors under the Building
Code Act, Subsection 7.1(1) which forms part of this By-law and is attached
hereto as Schedule "E".
13.
Severability
13.1
If any section, subsection, clause, paragraph or provision of this by-law is
found, by any Board of competent jurisdiction, to be invalid or beyond the
powers of the Council to enact, such section, subsection clause, paragraph or
provision shall be deemed to be severable from the remainder of this by-law,
and all other sections or parts of this by-law shall be deemed to be separate
and independent therefrom and are enacted as such.
14.
Penalty Caused
14.1
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, its regulations or this by-law.
14.2
If a person constructs or demolished a building, or commences any type of
construction of a building, plumbing or sewage system prior to the issuance of
a permit, the relevant application fees as set out in the Municipality of South
Huron shall be doubled.
15.
Repeal Cause
15.1
N/A
Read a first time and second time this 17th day of April, 2023.
Read a third time and passed this 17th day of April, 2023.
George Finch, Mayor
Rebekah Msuya-Collison, Clerk
The Municipality of South Huron - By-Law #19-2023
Page 9 of 16
Schedule "A" to By-Law #19-2023
Refund of Fees (refer to section 6.1 of the By-law)
Fees that may be refunded shall be a percentage of the fees payable under this by law
as follows:
A. Construction and Demolition Permit
i.
80% where the application is withdrawn when only administrative
functions have been performed;
ii.
70% if administrative and zoning review functions have been performed;
iii.
45% if administrative, applicable law compliance and plans examination
functions have been performed;
iv.
35% if the permit has been issued and the application is withdrawn or
construction does not commence, or not field inspections have been
carried out;
v.
5% shall additionally be deducted for each field inspection that has been
performed after the permit has been issued.
B. Sewage system permits
i.
50% if the permit has been issued and no field inspection have been
performed subsequent to permit issuance.
C. Plumbing system permits
i.
50% if the permit has been issued and no field inspection have been
performed subsequent to permit issuance.
D. Security performance deposits
i.
100% upon the completion of the permit and it has been determined that
there has been no damage or adverse alterations to any municipal services
or infrastructure. The deposit(s) may be used to correct any damage or
adverse alterations to the municipal services or infrastructure, plus
administration fees, at the Chief Building Officials discretion.
ii.
The deposit shall be returned to the person who paid the deposit with the
exception if the permit was transferred, at which case the deposit will be
returned to the new permit holder.
Notwithstanding the above, no refund shall be made of an amount less than the
minimum amount as described in the Fees and Charges By-law
No refund shall be made unless a written application therefor is made by the owner or
their agent.
No refund shall be made after a permit is transferred.
Notwithstanding the above, no refund shall be made where the Chief Building Official
has revoked a permit under subsection 8.(10)(a)(b)(c)(d)(f) of the
The Municipality of South Huron - By-Law #19-2023
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Schedule "B" to By-Law #19-2023
Classes of permits (refer to section 2.1 of this by-law)
1.
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
signs, structural or framing system, a waterproofing system, a drainage
system, an exterior cladding system, a roofing system, a window system,
a partition system, a corridor system, a stair system, a fire alarm and detection
system, a sprinkler system or a heating, ventilation or air-conditioning system,
a foundation system, a standpipe and hose system, a flooring system,
a plumbing system, a sewage system or an electrical system.
2.
Conditional Permit may be issued by the Chief Building Official in accordance
with Section 3.2(c) of this by-law.
3.
Change of Use Permit may be issued where a change in use of a building or
part of a building would result in an increase in hazard as determined under
Section 1.3.1.4
Division C Part 1, of the Building Code, as amended even though no
construction is proposed.
4.
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), Division B, of the Building Code,
Classification of Systems in the regulations.
5.
Plumbing Permit is required for all new or alterations to an existing plumbing
system.
6.
A Demolition Permit is required prior to the demolition of all structures with the
exception of the demolition of a building located on a farm pursuant to Div. C
Part 1 clause 1.3.1.1.(1)(a).
The Municipality of South Huron - By-Law #19-2023
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Schedule "C" to By-Law #19-2023
List of Plans, Specifications, Documents and Other Information to
Accompany Applications for Permits (refer to section 4.3 of the by-law)
Plans
1.
Ontario Land Surveyors Plans
2.
Site Plan
3.
Contour of Grade Plans
4.
Drainage (storm water management) 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, fire resistance ratings and
sprinklers system within buildings
15.
Schematic Plans - showing the type, location and operation of all building
fire emergency systems.
16.
On-Site Sewage System Plans
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.
2.
Functional Servicing Report - required where the proposed scope of work is
not regulated by site plan control and the proposal is for more than two
dwelling units on one property, unless otherwise specified by the CBO. The
scope of the report will include both the private and public services.
3.
Stormwater Management Brief and Design - required where site plan control is
not required and the proposal is for more than two dwelling units on one
property, unless otherwise specified by the CBO.
NOTE: The Chief Building Official may specify that not all the above-mentioned
plans are required to accompany an application for a permit.
The Municipality of South Huron - By-Law #19-2023
Page 12 of 16
Schedule "D" to By-Law #19-2023
Site Plan (Refer to Section 4.4 of By-law)
Grade and Survey Stakes:
The owner shall provide and maintain throughout construction, grade and elevation
stakes and all survey bars, defining the boundaries of the said building lot in clear view;
unless indicated otherwise by the Chief Building Official.
Surface Drawings:
The owner shall under no circumstances allow surface water to drain unnaturally on to
abutting lands, and shall ensure that constant surface and underdrainage is properly
maintained both during and after construction of said project. It shall be a condition of
every building permit issued with respect to this project, that the owner shall agree that,
during the course of construction, the top soil and all excavated material shall be stock
piled in such a manner so as to allow natural drainage as existed prior to
commencement of the project. It shall be a further condition that existing storm water
drainage shall be maintained and if damaged, must be repaired immediately.
Backfilling:
The owner shall complete backfilling and leveling with respect to utilities, the
construction of the building, and the installation of a septic system as soon as possible
following the excavation.
Grading Plan:
Plans and/or profiles, known as a "Grading Plan", be prepared by a Drainage Engineer
or Ontario Land Surveyor showing the existing and proposed final elevation of all the
land within the proposed building lot and immediately adjacent, must accompany all
applicants for building permits for construction and are subject to approval. And that for
a certain lot configurations the Chief building Official may require the Drainage
Engineer prepare the lot for grading plan.
The following must be addressed and included as a minimum, in preparing the grading
plan:
a) Existing elevations at lot corners;
b) Proposed elevations at lot corners;
c) Proposed elevations for top of footings and top of foundation walls;
d) All drainage swales, swale slopes, embankments, retaining walls, catch basins
and related infrastructure proposed;
e) Location, disposition and design details pertaining to an on-site sanitary sewage
disposal system where required by the Building Code;
The Municipality of South Huron - By-Law #19-2023
Page 13 of 16
f) Existing elevation of curb and/or street along the frontage of the proposed
building lot;
g) Existing elevation of lot corners on the abutting lots as well as the existing
elevation of the finished grades around the structures located on these lots;
h) An existing approved Subdivision Grading Plan will be accepted for the above list
requirements.
All final grading shall be in accordance with the approved subdivision grading and
drainage plan and/or the infill lot/block grading and drainage plan unless prior
written approval of the Municipality of South Huron is given. The owner, prior to
seeding or sodding, must provide a Lot Grading Certificate of Compliance and an
As-Constructed drawing(s) prepared by an Ontario Land Surveyor or Engineer,
certifying that the final grade of the lot/block conforms to the approved Grading
Plan.
Certificate of Foundation Grade:
When required by the relative Development Agreement or as requested by the
Chief Building Official, no building construction shall proceed beyond completion of
the foundation wall until the owner has filed with the Town, a "Surveyor's Real
Property Report" prepared by an Ontario Land Surveyor showing the exact
location of the structure to the property boundaries and the grade at top of
foundation.
Drainage (Storm Water Management Brief) Plan:
Provide a storm water management brief or study and a design indicating the pre
and post storm surface water discharge from the property will not change due to the
proposed development through good engineering methods and will not adversely
affect neighboring properties.
The Municipality of South Huron - By-Law #19-2023
Page 14 of 16
Schedule "E" to By-Law #19-2023
Code of Conduct for Building Officials (refer to Section 12.1 of the By-law)
Purpose:
The Code of Conduct for Building Officials (the "Code") is enacted in accordance with
section 7.1 of the Building Code Act, 1992, as amended (the "Act"). The purpose of the
Code is as follows:
1. To promote appropriate standards of behaviour and enforcement actions by
the Chief Building Official (the "CBO") and Inspectors in the exercise of a
power or the performance of a duty under the Act or the building code;
2. To prevent practices which may constitute an abuse of power, including
unethical or illegal practices, by the CBO and Inspectors in the exercise of a
power or the performance of a duty under the Act or the building code; and
3. To promote appropriate standards of honesty and integrity in the exercise of a
power or the performance of a duty under the Act or the building code by the
CBO and Inspectors.
Application:
The Code applies to the Municipality of South Huron's (the "Corporation") Chief
Building Official (CBO) and Inspectors and is in addition to the provisions of the
Corporation's Code of Conduct For Employees Policy and the Workplace
Harassment/Discrimination Prevention Policy and Complaint Procedure.
Expected Standards of Behaviour and Performance of Duties:
The expected standards of behavior and performance of duties for the CBO and
Inspectors are as follows:
1. Promote the safety of buildings with reference to public health, fire protection,
structural sufficiency, conservation and environmental integrity, and barrier-
free accessibility.
2. Apply the Act and the building code impartially, without influence, and in
accordance with all applicable legislation.
3. Perform their duties within their respective area of qualification obtained under
the Act.
4. Perform duties with due diligence, honesty and integrity.
5. Extend professional courtesy to all.
6. Keep up-to-date on current building practices through continuous education.
The Municipality of South Huron - By-Law #19-2023
Page 15 of 16
7. Manage confidential and sensitive information in accordance with all relevant
legislation and the Corporation's guidelines and policies.
Allegations of Breaches of the Code
Contraventions of the Code are a serious matter to the Corporation and will be dealt
with as such. The CBO will review all allegations made against Inspectors.
Allegations made against the CBO will be reviewed by the CBO's Manager, CAO or
both.
Upon review of the allegations, either the CBO (in the case of complaints against
Inspectors) or the CBO's Manager, CAO or both (in the case of complaints against the
CBO) may determine an appropriate informal course of action which will effectively
resolve the complaint.
If a complaint is not resolved informally or if an informal resolution is not appropriate,
the CBO or the CBO's Manager, CAO or both, as the case may be, will follow the
formal complaint procedure guidelines enumerated in the Corporation's Code of
Conduct For Employees Policy it being noted that all references to "supervisor",
"designate", "Human Resources", or "Human Resources representative" in the formal
complaint procedure guidelines shall be replaced by the "CBO" (in the case of
complaints against Inspectors) and the "CBO's Manager, CAO or both" (in the case of
complaints against the CBO.) These formal complaint procedure guidelines shall be
followed with respect to the investigation of the complaint, the making of findings, and
the communication of those findings to the complainant and the respondent.
Corrective Action and/or Disciplinary Action
If a complaint is substantiated, the CBO (with respect to complaints against
Inspectors) or the CBO's Manager, CAO or both (with respect to complaints against
the CBO) will determine the corrective action and/or disciplinary action arising from
the contravention of the Code. Corrective action and/or disciplinary action may
include, but is not limited to, the following:
a) an apology
b) counselling
c) education/training
d) warning
e) suspension/leave without pay
f) demotion
g) transfer
h) termination of employment
The Municipality of South Huron - By-Law #19-2023
Page 16 of 16
Schedule "F" to By-Law #19-2023
Forms (Refer to Section 8.1 of By-law)
Form 1
Application for a Permit to Construct or Demolish
Form 2
Order to Comply
Form 3
Stop Work Order
Form 4
Order not to Cover or Enclose
Form 5
Order to Uncover
Form 6
Order Requiring Tests and Samples
Form 7
Energy Efficiency Design Summary
Form 8
Plumbing Related Application and Fees
Form 9
Demolition Permit Application Checklist
Form 10
Sewage System Design Information