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Building By-law No. 61-21 - Consolidated
(This is a consolidated reproduction made available for information purposes
only. Is it not the official version of the By-law.)
Amendments:
By-law Number
Date Passed
31-22
April 19, 2022
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THE CORPORATION OF THE MUNICIPALITY OF STRATHROY- CARADOC
BY-LAW NUMBER 61-21
Being a By-law to provide for
the administration and enforcement of the Building Code Act
and with respect to the establishment and requirement
of the payment of fees for information and services.
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 the
Building Code Act, 1992, as amended, in the municipality;
AND WHEREAS Section 7 of the Building Code Act, S.O. 1992, c.23, as amended,
empowers council to pass By-laws respecting permits for construction, demolition,
occupancy, change of use, on-site sewage system and conditional permits and
respecting inspections and the charging of permit fees and other related matters;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF STRATHROY- CARADOC enacts as follows:
1. Citation
1.2. This By-law may be cited as the "Building By-law".
1.2. All references made within this By-law shall be found within this By-law unless
otherwise noted.
2. Definitions
2.2. Words shown in italicized script in this By-law shall have the meaning as
follows:
(a) Act means the Building Code Act, S.O. 1992, c. 23, as amended;
(b) Alternative solution means a substitute for an acceptable solution as set
out in Parts 3 to 12 of Division B of the Building Code;
(c) Applicable law means the list of applicable laws as prescribed by the
Building Code;
(d) Applicant means the owner of a building or property who applies for a
permit or any authorized agent to apply for a permit on the owner's
behalf or any person or corporation empowered by statute to cause the
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construction or demolition of a building or buildings and anyone acting
under the authority of that person or corporation;
(e) Authorized agent means a person who has been authorized in writing to
act on the owner's behalf for matters relating to an application for a
permit;
(f) 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;
(g) Building means
i.
a structure occupying an area greater than ten square meters
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,
ii.
a structure occupying an area of ten square meters or less that
contains plumbing, including the plumbing appurtenant thereto,
iii.
plumbing not located in a structure,
iv.
a sewage system, or
v.
structures designated in the building code.
(h) Building Code means regulations made under Section 34 of the Act and
any amendments thereto;
(i)
Chief Building Official means the person appointed by a By-law of the
Corporation of the Municipality of Strathroy- Caradoc for the purpose of
enforcement of the Act and whose roles are set out in the Act;
(j)
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.
(k) Corporation means The Corporation of the Municipality of Strathroy-
Caradoc;
(l)
Demolish means to do anything in the removal of a building or any
material part thereof and "demolition" has a corresponding meaning.
(m) Form means the applicable provincial or municipal prescribed
document;
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(n) Inspector means a person appointed by By-law of the Corporation of
the Municipality of Strathroy- Caradoc for the purpose of enforcement of
the Act and who's roles are set out in the Act;
(o) Minor for the purposes of calculating building permit fees shall mean
construction value of $25,000 or less in 2020 dollars.
(p) Major for the purposes of calculating building permit fees shall mean
construction value of $25,001 or more in 2020 dollars.
(q) Owner means the registered owner of the land or property for which a
permit application is submitted, a permit has been issued or that
contains an on-site sewage system for the purposes of the
Maintenance Inspection Program and includes the registered owner, a
lessee and mortgagee in possession;
(r) Permit means permission or authorization in writing by the Chief
Building Official to perform work or to occupy a building or part thereof,
as regulated by the Act and the Building Code;
(s) Permit holder means the owner to whom the permit has been issued or,
where the permit has been transferred, the transferee, and shall be the
person who assumes the primary responsibility for compliance with the
Act and the Building Code;
(t) Registered Code Agency means a person that has the qualifications
and meets the requirements described in subsection 15.11(4) of the
Act;
(u) Sign for the purpose of determining a building permit fee shall mean a
sign designed to meet the requirements of the Building Code;
(v) Swimming Pool means any structure, basin, chamber or tank capable of
containing an artificial body of water with a depth greater than 61
centimetres (24 inches),an open exposed water surface of 1 square metre
and which is used for swimming, diving or recreational bathing;
(w) Work means the construction or demolition of a building or part thereof
and includes a change of use as regulated by the Building Code.
2.3. Any words or phrases used in this By-law which are defined in the Building
Code shall be deemed to have an equivalent meaning in the context in which
they are used.
3. Classes of Permits
3.1. The classes of permits with respect to construction, demolition, change of use
and occupancy shall be as set out in Schedule 'B' and which are further
described as follows:
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(a) Building Permit is a permit required under Subsection 8. (1) of the Act
for the construction of buildings and parts of buildings.
(b) Demolition Permit is a permit required under Subsection 8. (1) of the
Act for the removal of a building.
(c) Conditional Permit is a permit authorized under Subsection 8. (3) of the
Act for the construction of buildings or parts of buildings that may be
issued at the sole discretion of the Chief Building Official.
(d) Change of Use Permit is a permit required under Subsection 10. (1) of
the Act where a change in use of a building or part of a building would
result in an increase in hazard as determined under Division C, Article
1.3.1.4. of the Building Code where no construction is proposed.
(e) Occupancy Permit is a permit required to occupy a building or part of a
building in accordance with the requirements of Division C, Subsection
1.3.3. of the Building Code.
4. Applications for Permits
4.1. To obtain a permit, the owner or an authorized agent shall submit the applicable
prescribed permit application form to the Chief Building Official in hard copy or
through an online electronic version acceptable to the Chief Building Official.
4.2. All forms prescribed by the Building Code and the Chief Building Official are
available at the Province of Ontario, the office of the Chief Building Official or the
Corporation's web site, as the case may be.
4.3. Where an application is made for a Construction Permit under Subsection 8.(1)
of the Act, the application shall:
(a) Include a completed permit application form as prescribed by the
Building Code;
(b) Be accompanied by the plans and specifications prescribed by this By-
law and any associated information or approvals required to
demonstrate compliance with any applicable law;
(c) Identify and describe the work and use to be covered by the permit for
which application is made;
(d) Be accompanied by all fees that are set out in Schedule 'A';
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(e) State the names, addresses, telephone numbers, fax numbers and
email addresses of the owner, applicant, architect, professional
engineer, designer, contractor, installer or constructor, where
applicable;
(f) Be accompanied by a completed Commitment to General Reviews form
as prescribed by the Chief Building Official when the Architects Act, as
amended, and/or the Professional Engineers Act, as amended, requires
the designer be an architect and/or a professional engineer;
(g) Include completed forms as deemed required and prescribed by the
Chief Building Official.
4.4. Where an application is made for a Demolition Permit under Subsection 8.(1) of
the Act, the application shall:
(a) Include a completed permit application form as prescribed by the
Building Code;
(b) Be accompanied by the plans and specifications prescribed by this By-
law and any associated information or approvals required to
demonstrate compliance with any applicable law;
(c) Be accompanied by all fees that are set out in Schedule 'A' ;
(d) State the names, addresses, telephone numbers, fax numbers and
email addresses of the owner and of the Architect, professional
engineer, designer, contractor or constructor, where applicable;
(e) Be accompanied by a completed Commitment to General Reviews form
as prescribed by the Chief Building Official when the Building Code
requires a professional engineer to undertake the general review of the
demolition; and
(f) Be accompanied by proof satisfactory to the Chief Building Official that
arrangements have been made with the proper authorities, where
applicable, for the disconnection and capping of all water, sewer, gas,
electric, telephone or other utilities and services on a form prescribed
by the Chief Building Official.
4.5. Where application is accepted at the discretion of the Chief Building Official for
a Conditional Permit under Subsection 8.(3) of the Act, the application shall:
(a) Be preceded by an application for a Construction Permit set out in 3.1.
and filed with the Chief Building Official;
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(b) Be accompanied by the plans and specifications prescribed by this By-
law and any associated information or approvals required to
demonstrate compliance with any applicable law;
(c) Include a completed Conditional Permit application form as prescribed
by the Chief Building Official;
(d) State in writing to the Chief Building Official the reasons why the
applicant believes that unreasonable delays in construction would occur
if a conditional permit is not granted;
(e) State the necessary approvals which must be obtained in respect of the
proposed building and the date or time by which such approvals will be
obtained;
(f) Be accompanied by a Conditional Permit Agreement form, authorized
by Clause 8.(3)(c) of the Act, which must be signed by the owner or an
authorized agent who has the authority to bind the owner;
(g) In the event that the conditions have not been satisfied beyond the date
that is prescribed in a Conditional Permit Agreement, the agreement
shall be considered as expired, all work shall stop and a request for an
extension shall be made by the permit holder;
(h) Be accompanied by a security deposit under the terms of the
Conditional Permit Agreement; and
(i)
In addition to fees prescribed for the Construction Permit application, be
accompanied by all Conditional Permit fees that are set out in Schedule
'A'.
4.6. Consideration of an application for Conditional Permit is at the sole discretion of
the Chief Building Official and, if considered, shall not be construed to authorize
construction beyond the scope for which conditional approval is given or that a
Construction Permit will necessarily be issued.
4.7. Where application is made for a Change of Use Permit issued under
Subsection 10.(1) of the Act, the application shall:
(a) Include a completed permit application form as prescribed by the Chief
Building Official;
(b) Be accompanied by the plans and specifications prescribed by this By-
law and any associated information or approvals required to
demonstrate compliance with the Building Code and any applicable law;
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(c) Describe the building in which the occupancy is to be changed by a
description that will readily identify and locate the building;
(d) Identify and describe in detail the current and proposed occupancies of
the building or part of a building for which the application is made;
(e) 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
Building Code, including, but not limited to, floor plans, details of wall,
ceiling and roof assemblies identifying required fire resistance ratings
and load bearing capacities and details of the existing on-site sewage
system, if any;
(f) Be accompanied by a report from a qualified person as prescribed by
the Building Code confirming that the change of use will not result in an
increase in hazard;
(g) Be accompanied by all fees that are set out in Schedule 'A'; and
(h) State the name, address, telephone number, fax number and email
address of the owner.
4.8. To obtain an Occupancy Permit as required by Division C, Subsection 1.3.3. of
the Building Code, the owner or authorized agent shall:
(a) Notify the Chief Building Official of the completion of construction
required to permit the occupancy of a building;
(b) Describe the part of the building for which occupancy is requested;
(c) Submit plans showing portion(s) of the floor area(s) to be occupied
complete with location(s) of temporary exits as applicable;
(d) Submit all general review reports where the Building Code requires the
construction to be reviewed by an architect and/or a professional
engineer; and
4.9. A building shall not be occupied, permitted to be occupied or commissioned into
service without the written authorization from the inspector.
4.10. No person shall construct or demolish a building or cause a building to be
constructed or demolished and no person shall construct or cause a swimming
pool to be constructed, within the municipality, unless a permit has been issued
for the construction or demolition by the Chief Building Official.
4.11. No person shall occupy or permit the occupancy of a building or parts thereof until
an occupancy permit, authorizing the occupancy of the said building, has been
issued.
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5. Plans and Specifications - General
5.1. Sufficient information shall be submitted with each application for a permit to
enable the Chief Building Official to determine whether or not the proposed
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construction, demolition or change of use will conform to the Act, the Building
Code, this by-law and any other applicable law.
5.2. Each application for a Construction, Demolition or Change of Use Permit shall
be submitted in a manner acceptable to the Chief Building Official and will
include a complete set of plans and specifications as set out in Schedule 'B' in
order for an application to be deemed as complete.
5.3. Each application for a Conditional Permit shall be accompanied by two (2)
additional sets of legible plans and specifications sufficient to describe the scope
of work covered by the Conditional Permit.
5.4. Plans shall be drawn to a suitable and legible scale (minimum 1:75 or 3/16"=1'-
0") on paper or other durable medium approved by the Chief Building Official
and shall include information as set out in Schedule 'B' unless otherwise
specified by the Chief Building Official.
At the discretion of the Chief Building Official, submission of electronic
drawings, designs and specifications may be acceptable when in a
format acceptable to the Municipality.
6. Incomplete Application
6.1. Except as provided in Subsection 6.2 of this by-law, a permit application that
does not meet all of the requirements of Section 3 of this By-law shall be denied
without further review.
6.2. Where the Chief Building Official determines that a permit application is
incomplete, the Chief Building Official may accept the application if the applicant
acknowledges that the application is incomplete.
6.3. Where an applicant declares or acknowledges that a permit application is
incomplete, the Chief Building Official shall not be bound by the timelines
prescribed by the Building Code within which a permit must be issued or
refused.
6.4. The applicant shall be notified in writing where a review by the Chief Building
Official or inspector has determined information is missing or non-compliant with
any provisions of the Act, building code or this By-law.
6.5. Where it is determined that the applicant has not made satisfactory progress to
submit required information within 30 days of being notified by the Chief Building
Official or inspector, written notice thereof shall be given to the applicant.
6.6. If an incomplete application is deemed to be abandoned as determined by the
Chief Building Official, a new application must be submitted as set out in Section
3 for all proposed work.
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7. Withdrawing a Permit Application
7.1. A permit holder may request, in writing, that an application for permit be
withdrawn prior to issuance of a permit.
7.2. All plans, specifications and documents submitted in support of an application
for permit shall remain the property of the Corporation.
8. Revocation of Permit
8.1. The Chief Building Official reserves the right to revoke a permit under
Subsection 8.(10) of the Act, and shall serve a notice to the last known address
to the permit holder
8.2. The Chief Building Official may consider a written request by the permit holder
to defer revocation of a permit if the request: states the reasons why the permit
should not be revoked and the date by which meaningful and substantial work
will resume.
8.3. The Chief Building Official, having regard to any material changes to the Act,
Building Code or other applicable law, may allow a deferral of revocation of a
permit.
8.4. Subject to Section 25 of the Act, the Chief Building Official is under no
obligation to defer revocation of a permit.
9. Revisions
9.1. Where the design or scope of work authorized by an issued permit changes, the
owner shall submit sufficiently detailed and revised plans and specifications, as
set out in Section 4, that describe the proposed work prior to carrying out the
proposed work.
9.2. Sufficient material changes to the design or scope of work may constitute the
need for a new application for permit as determined by the Chief Building
Official.
9.3. A revision to a permit application or an issued permit shall be accompanied by
all fees as set out in Schedule 'A'.
10. Transfer of Permit
10.1. issued permit may be transferred to a new owner by the Chief Building
Official where the new owner provides:
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(a) A completed Transfer of Permit form prescribed by the Chief Building
Official;
(b) A written statement agreeing to comply with all statutes, regulations,
applicable laws and conditions of approval upon which the permit was
issued;
(c) A written statement from the designer authorizing the continued use of
all drawings, specifications and documents associated with the issued
permit;
(d) A completed Commitment to General Reviews form as prescribed by
the Chief Building Official when the Building Code requires the work be
reviewed by an architect or a professional engineer; and
(e) Payment of fees for transfer of permit as set out in Schedule 'A'.
11. As-Constructed Plans and Documents
11.1. completion of the construction, the Chief Building Official may require:
(a) A set of as-constructed plans be filed with the Chief Building Official,
and/or
(b) A plan of survey showing the location of the building or buildings.
11.2. out in Section 18 of the Act, an inspector may require information, including
plans, specifications, reports or documents, from any person in order to
confirm compliance with any Building Code and/or applicable law requirement.
11.3. For new single detached, duplex or semi-detached / link dwellings, the permit
holder shall:
a) Pay a $3,500.00 lot grading deposit; and
b) Provide within seven (7) months of occupancy, a final grading certificate:
i.
Bearing the signature and seal of a professional engineer or
Ontario Land Surveyor certifying that the finished elevations and
grading generally conforms with the approved design of the
subdivision grading plans;
ii.
Where no accepted area or subdivision plan exists, bearing the
signature and seal of a professional engineer, or a Landscape
Architect (a member of the Ontario Association of Landscape
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Architects), or Ontario Land Surveyor certifying that the finished
elevations and grading of the land generally conforms to the lot
grading plan;
iii.
Together with a Plan of Survey showing final building locations
12. Alternative Solutions
12.1. The Chief Building Official may authorize the use of an alternative solution
where a designer provides, for each alternative solution that is proposed:
(a) By submitting a completed Alternative Solution Application form as
prescribed by the Chief Building Official;
(b) Submitting description of the proposed material, system or building
design for which authorization as an alternative solution is requested;
(c) Submitting a description of the applicable objectives, functional
statements and acceptable solutions as set out in the Building Code;
(d) Providing supporting documentation, past performance or tests
described in Division C, Section 2.1 of the Building Code or other
evaluation demonstrating that the proposed material, system or building
design will provide the level of performance required by Division A,
Article 1.2.1.1. of the Building Code; and
(e) By paying the prescribed fee as set out in Schedule 'A' and in addition,
where required, paying the costs of a third party review.
12.2. Where an alternative solution has been authorized, the Chief Building Official
may impose conditions and/or limitations.
12.3. Alternative solutions authorized by the Chief Building Official shall be
applicable only to the location as described in the application and are not
transferrable to any other permit.
13. Fees
13.1. Fees shall be determined by the Chief Building Official as set out in Schedule
'A' and are due and payable by the for a permit in addition to any development
charges, levies and fees that are deemed to be applicable law. Any balance
owing shall be paid prior to the issuance of a permit. Submission of fees may be
made electronically at the discretion of the Corporation.
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13.2. For classes of permits not described in Section 3 or where no fee exists in
Schedule 'A', a reasonable fee shall be determined by the Chief Building Official
by considering all administration, plan review and inspection costs.
13.3. Where fees are due as a result of revisions after a permit has been issued, no
inspections associated with the said revisions shall be passed until:
(a) The revisions are approved by the Chief Building Official or inspector;
and
(b) Additional fees have been paid in full.
13.4. Where work occurs prior to the issuance of a permit, an additional surcharge
equalling 35%, 50% or 100% of the permit fee as set out in Section A,
Subsection E(4) to a maximum of $5,000, shall be payable by the applicant.
13.5. The permit fees as set out in Schedule 'A' presumes a single submission of
complete plans and specifications and a single inspection of each prescribed
stage of construction as set out in the Building Code and this By-law. Additional
service fees as set out in Schedule 'A' shall be invoiced when additional
resources to review additional drawings and/or to re-inspect work are consumed.
14. Refunds
14.1. the case of a cancelled permit or withdrawn, inactive or abandoned permit
application, the Chief Building Official shall determine the amount of paid fees as
set out in Schedule 'A' that may be refunded to the Applicant, if any, as follows:
(a) 90% if administrative functions only have been performed;
(b) 80% if administrative and zoning functions only have been performed;
(c) 60% if administrative, zoning and plans examination functions have
been performed; and
(d) 50% if the permit has been issued.
14.2. Upon calculation of a refund determined in Subsection 14.1, the refund value
shall be reduced by 5% for each field inspection that has been performed in
relation to an application for permit or an issued permit.
14.3. The percentage of fee to be refunded as set out in Subsection 14.2 shall not
include the additional surcharge calculated as a result of construction, demolition
or change of use occurring prior to the issuance of a permit.
14.4. authorized refund shall be returned to the person identified on the receipt.
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14.5. deposit that has been paid for an application for Demolition Permit shall be
refunded to the person identified on the receipt where inspections confirm the
following within 6 months of issuance of the permit:
(a) The demolition of the building is complete;
(b) All general review letters, where required, have been received by the
Chief Building Official;
(c) All demolition material and debris has been removed from the property;
(d) Capped water and sewer services have been inspected and passed.
14.6. No refund shall be made where the paid permit fee is less than $100.00.
15. Recovery of Fees
15.1. addition to every other remedy available at law, fees that are due and
unpaid may be added to the tax roll of the property of the Owner, and may be
collected in like manner as municipal taxes.
16. Fee Adjustments
16.1. mmediately upon release of the Consumer Price Index by Statistics Canada,
all services fees as set out in Schedule 'A' shall be adjusted by the Consumer
Price Index and shall be;
(a) Rounded to the nearest cent where the fee is based on an area or
linear measurement calculation; and
(b) Rounded to the nearest dollar for all other fees.
16.2. justed fees shall be posted on the corporation's web site and available from
the Building Department.
17. Notices and Inspections
17.1. The permit holder or an authorized agent shall notify the Chief Building Official
of readiness to inspect the required stages of construction as prescribed by
Division C, Sentence 1.3.5.1.(2) of the Building Code.
17.2. addition to Subsection 17.1., the permit holder or an authorized agent shall
notify the Chief Building Official of readiness to inspect the following stages of
construction as prescribed by Division C, Sentence 1.3.5.2.(1) of the Building
Code:
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(a) Substantial completion of structural framing for each storey, if the
building is a type of building that is within the scope of parts of the
Building Code other than Division B, Part 9;
(b) Substantial completion of heating, ventilating, air-conditioning and air-
contaminant extraction equipment;
(c) Substantial completion of the pool deck and dressing rooms for a public
pool or public spa and readiness for inspection of the emergency stop
system for a public pool or public spa;
(d) Completion and availability of drawings of the building as constructed;
and
(e) Completion of a building for which an occupancy permit is required
under Division C, Article 1.3.3.4 or 1.3.3.5 of the Building Code.
17.3. The notice required in Subsections 17.1. and 17.2. shall be:
(a) Emailed to general@strathroy-caradoc.ca;
(b) By voice message to the Building Department's dedicated inspection
request phone line as published on the Municipality's web site;
(c) In writing to the office of the Chief Building Official; or
(d) Electronically, in a manner to the satisfaction of the Chief Building
Official.
17.4. notice pursuant to Subsections 17.1. to 17.3. is not effective until the notice is
actually received by the Chief Building Official or designate.
17.5. Upon receipt of notice of readiness to inspect as set out in this Section, the
Chief Building Official or an inspector shall undertake a site inspection:
(a) No later than two (2) business days after receipt of the notice by the
Chief Building Official or designate, or
17.6. The time period referred to in Subsection 17.5 shall begin on the business day
following the day on which the notice is received.
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17.7. The permit holder shall facilitate safe access for inspection of the work.
17.8. copy of the actual plans issued in support of a permit shall be available to
the inspector when requested.
17.9. Re-inspections of deficient or incomplete work for a third (3rd) inspection of the
same required inspection shall be subject to an additional service fee as set out
in Schedule 'A'.
18. Delegated Authority to Chief Building Official
18.1. The Council of the Corporation hereby delegates to the Chief Building Official
the power to enter into agreements prescribed by the Corporation and
described in clause 8.(3)(c) of the Act relating to the issuance of a Conditional
Permit.
18.2. Where the Corporation enters into an agreement with a Registered Code
Agency, the Chief Building Official is authorized to enter into a service
agreement with a Registered Code Agency to perform one or more of the
functions prescribed in Section 15.15 of the Act in respect of the construction or
demolition of a building or class of buildings.
19. Fences at Construction and Demolition Sites
19.1. 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 the Chief Building
Official or inspector deems appropriate to the circumstances to prevent
unauthorized entry to the site.
19.2. considering the hazard presented by the construction or demolition site to
be fenced, the Chief Building Official or inspector shall have regard for:
(a) The proximity of the building site to other buildings that are occupied;
(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 effectiveness of site fences; and
(e) The duration of the hazard.
19.3. very fence required under this By-law shall:
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(a) create a continuous barrier to sufficiently deter unauthorized entry to
the construction or demolition site to the satisfaction of the Chief
Building Official or inspector
(b) be erected and maintained in a nominally vertical plane and maintained
in good repair; and
(c) be a minimum of 1.2 m in height and shall not exceed the maximum
height as set out in the Corporation's Zoning By-law.
20. Affordable Housing
20.1. The Chief Building Official is authorized to waive the building permit fee for a
dwelling unit that qualifies as an affordable housing unit and shall seek the
concurrence of the Chief Administrative Officer in so doing.
21. Order by Inspector or Chief Building Official
Orders may be issued under the authority of the Act and this by-law by an inspector or
Chief Building Official in order to ensure compliance with the Act, Building Code or this
By-law.
21.1. No person shall obstruct the visibility of an order and no person shall remove a
copy of an order posted under the Act unless authorized to do so by an inspector,
officer or registered code agency.
21.2. No person shall fail to comply with a term or order
21.3. No person shall perform or permit any actions in the construction or demolition
of a building in which a stop work order has been issued
22. Offences and Penalties
22.1. Every person who contravenes any provision of this By-law is guilty of an offence
and on conviction is liable to a fine recoverable under the Provincial Offences Act
in accordance with the Building Code Act, or as set out in Schedule D "Set Fines",
to this by-law.
23. Validity
23.1 In the event that any provision of this By-law is declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the remaining
provisions of this By-law.
24. Code of Conduct
24.1. The Code of Conduct and associated policies as required under Section 7.1 of
the Act are set out in Schedule C of this by-law.
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25. Interpretation and Implementation
25.1. Schedules A, B, C and D attached hereto shall for part of this By-law.
25.2. This By-law comes into force on the day of its enactment.
25.3. By-law 30-06 as amended, of the Corporation of the Municipality of Strathroy-
Caradoc is hereby repealed.
26. Effective Date
25.1 This by-law shall come into force and take effect on January 1, 2022.
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_________________
___________________
Read a FIRST, SECOND AND THIRD TIME and FINALLY PASSED BY OPEN
COUNCIL ON THIS _6th
DAY OF DECEMBER, 2021
Mayor
Clerk
Building & Waste Department
Building Charges
Schedule A - Permit and Miscellaneous Fees
(to be attached from Appendix 1 of the Fees Report)
Class of Permit
Building Permit Fee
A.
NEW CONSTRUCTION
1
Assembly Occupancies
Group A
$4,770.00 + $0.67/ft.2 >5,000 ft.2
2
Institutional Occupancies
Group B
$4,770.00 + $0.67/ft.2 >5,000 ft.2
3
Residential Occupancies - Group C
a.
Single House, Semi-detached, duplex
$2,350.00 + $0.75/ft.2 > 2,000 ft.2/dwelling
unit
b.
Multiple Unit Dwelling
$3,350.00 + $0.75/ft.2 > 2,000 ft.2/dwelling
unit
c.
Mobile Home
$950.00 flat fee
d.
Residential - Major Additions and
Alterations
$1,475.00 + $0.75/ft.2 > 1,500 ft.2
4
Business/Personal Services Occupancies
- Group D
$4,770.00 + $0.67/ft.2 >5,000 ft.2
5
Mercantile Occupancies -
Group E
$4,770.00 + $0.67/ft.2 >5,000 ft.2
6
Industrial Occupancies -
Group F
$4,780.00 + $0.67/ft.2 >5,000 ft.2
7
Special Occupancies
a.
Agricultural Buildings - New Farm
Buildings
$300 < 500ft.2
$300 + $0.84/ft.2 - 500 ft.2 - 1500 ft.2
$1,780.00+ $0.84/ft.2>5,000 ft.2
Building & Waste Department
Building Charges
b.
Agricultural Buildings - Additions and
Alterations
$1,050.00+ $0.84/ft.2>5,000 ft.2
c.
Tents and other temporary structures
Building & Waste Department
Building Charges
< 225 m2
$200 flat fee
> 225 m2
$300 flat fee
8
Accessory Buildings/Structures
a.
Detached garage, shed, boat house,
other accessory building
$300+ $0.75/ft.2>500 ft.2
b.
Swimming Pool
$300 flat fee
c.
Finished Basements
$300 flat fee
d.
Deck
$300 flat fee
9
Signs including mobile signs
$300 flat fee
Class of Permit
Building Permit Fee
B. ALTERATIONS AND REPAIRS
1
Interior Major Alterations, Repairs,
Tenant Improvements
a.
Occupancies - Groups A, B, D, E, F (for
major additions/renovations value)
$3,025.00 + $0.67/ft.2 > 5,000 ft.2
b.
Residential Occupancies - Group C -
Minor Alterations, renovations, repairs,
retrofitting
$300+ $0.75/ft.2>500 ft.2
c.
Minor Alterations - Groups A, B, D, E, F
(for minor additions/renovations, interior
finishes, mechanical stand-alone value <
$10,000
$1,515.00 + $0.67/ft.2 > 5,000 ft.2
d.
Alterations & Repairs to existing
buildings or building systems not
provided for above
$10.00 for each $1,000 of construction
value or part thereof as determined by the
Chief Building Official - minimum $50.00
2
Fireplace, woodstove, inserts, chimney.
Solid fuel appliance, standalone
plumbing, HVAC, or mechanical, banking
machine, designated structures
$300 flat fee
Building & Waste Department
Building Charges
3
Sewage Disposal System - new system
$500 flat fee
4
Sewage Disposal System - repair
$300 flat fee
5
New Sewer &/OR Water Connections
$300 flat fee
6
Basic Plumbing Fee
$75 flat fee
C. DEMOLITION
1
Residential
$300 flat fee
2
Non-residential
$300 flat fee
Class of Permit
Building Permit Fee
D.
MISCELLANEOUS
1
Change of Use
$300 flat fee
2
Other Permits
a.
Transfer Permit
$300 flat fee
b.
Conditional permit - agreement
$300 flat fee
3
Alternative Solution Review
$500 flat fee
4
Major Revisions to Building Drawings
10% of original Permit fee
E.
ADMINISTRATIVE
1
Occupant Load Inspection and Report
$150 flat fee
2
Re-inspect, defective and incomplete
work, 3rd + additional inspections,
$200 paid prior to scheduling inspection
3
Statement of concurrence for
Telecommunications Towers
$1,000 flat fee
4
Construction and/or alterations, repairs commenced or undertaken without a
permit as per the following:
Building & Waste Department
Building Charges
4a Commencing Construction without a
permit
Value of the required permit plus
surcharge of 35%
4b Commencing Construction to the point of
completing certain building systems
without a permit
Value of the required permit plus
surcharge of 50%
4c
Commencing Construction to the point of
covering a completed building system
without a permit.
Value of the required permit plus
surcharge of 75%
Credit Card Surcharge
2% for permit value higher than $1000.00
DEVELOPMENT CHARGES
2021 FEES
2022 FEES **
RESIDENTIAL - Strathroy Water & Sewer Service Area
Single/Semi Detached (per dwelling unit)
$23,039
$23,039
Rows & Other Multiples (per dwelling unit)
$18,925
$18,925
Apartments (per dwelling unit)
$11,979
$11,979
RESIDENTIAL - Mt. Brydges Water & Sewer Service Area
Single/Semi Detached (per dwelling unit)
$26,505
$26,505
Rows & Other Multiples (per dwelling unit)
$20,801
$20,801
Apartments (per dwelling unit)
$13,781
$13,781
RESIDENTIAL - All Other Areas
Single/Semi Detached (per dwelling unit)
$ 7,009
$ 7,009
Rows & Other Multiples (per dwelling unit)
$ 5,710
$ 5,710
Apartments (per dwelling unit)
$ 3,649
$ 3,649
COMMERCIAL/INSTITUTIONAL - Per Sq. Metre of Gross Floor Area
Strathroy Water and Sewer Service Area
$109.31
$109.04
Mt. Brydges Water & Sewer Service Area
$193.93
$193.93
All Other Areas
$20.04
$20.04
INDUSTRIAL - Per Sq. Metre of Gross Floor Area
Strathroy Water and Sewer Service Area
$109.31
$109.04
Mt. Brydges Water & Sewer Service Area
$154.42
$154.42
All Other Areas
$20.04
$20.04
**Development charges imposed pursuant to this by-law may be adjusted annually, without amendment to this by-law, commencing on the first
anniversary date of this by-law (March 2) and each anniversary date thereafter, in accordance with the most recent twelve-month change in the
Statistics Canada Quarterly "Construction Price Statistics". An increase will be imposed in March 2022.
26
Schedule B - Plans, Documents and Specifications
Plans, Documents and Specifications
Part 1
a) Demolition (full or partial)
i)
Proof arrangements have been made with the proper authorities for the
cutting off and plugging of all water, sewer, gas, electric, telephone or
other utilities and services.
ii)
Description of the structural design characteristics of the building and a
method of demolition prepared by a Professional Engineer where deemed
necessary by the Chief Building Official.
iii)
A structural design of any required shoring where necessary.
iv)
Site/grading plan prepared by a Professional Engineer, or Ontario Land
Surveyor where deemed necessary by the Chief Building Official.
b) On-site sewage system (new)
i)
Site evaluation report prepared by a professional engineer including soil
permeability and soil conditions, including the potential for flooding.
ii)
Sewage system design and drawings to be prepared by a Professional
Engineer or a qualified designer.
iii)
Completed Schedule 1 and Schedule 2 forms, as applicable.
c) On-site sewage system (repair or replacement)
i)
A soil grain size analysis completed by a Professional Engineer or
percolation tests are to be witnessed by an inspector.
ii)
Sewage system design and drawings, including a site plan, to be prepared
by a Professional Engineer or a qualified designer.
iii)
Completed Schedule 1 and Schedule 2 forms.
d) Residential deck or porch permit
i)
Site plan
ii)
Structural plan
iii)
Elevations
iv)
Connection details, as applicable
v)
Completed Schedule 1 form
e) Residential accessory buildings
i)
Site plan
ii)
Foundation Plan
iii)
Structural plan
iv)
Building elevations
v)
Building section
vi)
Completed Schedule 1 form
21
f) Residential addition or renovation permit
i)
Site plan, if applicable
ii)
Grading plan, if deemed necessary by the Chief Building Official
iii)
Foundation plan
iv)
Floor plans
v)
Building Elevations
vi)
Building section
vii)
Heat loss calculations and duct design, if deemed necessary by the Chief
Building Official
viii)
On-site sewage system evaluation or design of new system, where
deemed necessary by the Chief Building Official.
ix)
Completed Schedule 1 form
g) New residential house, semi-detached, townhouse, or duplex
i)
Lot grading plan
ii)
A completed on-site sewage system design, if applicable
iii)
Foundation plan
iv)
Floor plans
v)
Completed roof truss, and floor system design including engineered truss
and beam designs, if applicable
vi)
Building elevations
vii)
Building sections
viii)
Heat loss calculation and duct designs
ix)
Energy Efficiency Design Summary
x)
Any applicable engineering
xi)
Schedule 1 form
h) New residential apartment building
i)
Approved site plan agreement
ii)
Geotechnical investigation report
iii)
Site plan
iv)
Grading and servicing plan
v)
Architectural drawings
vi)
Structural drawings
vii)
Mechanical drawings
viii)
Electrical drawings
ix)
Fire protection drawings, if applicable
x)
SB-10 form
xi)
General Review and Commitment Certificate
xii)
Schedule 1 form, if applicable
22
i) New non-residential building or addition
i)
Approved site plan agreement
ii)
Geotechnical investigation report
iii)
Site plan
iv)
Grading and servicing plan
v)
Architectural drawings
vi)
Structural drawings
vii)
Mechanical drawings
viii)
Electrical drawings
ix)
Fire protection drawings, if applicable
x)
SB-10 form
xi)
General Review and Commitment Certificate
xiii)
Schedule 1 form, if applicable
j) Non-residential alteration/renovation
i)
Site plan or key plan
ii)
Architectural drawings
Where applicable:
iii)
Elevations, sections, and details
iv)
Structural drawings
v)
Mechanical drawings
vi)
Electrical drawings
vii)
Fire protection drawings
viii)
General Review and Commitment Certificate
ix)
Schedule 1
k) Farm buildings
i)
Site plan
ii)
Structural plan
iii)
MDS calculation
iv)
Completed roof truss system design, including stamped truss drawings
v)
Schedule 1 form, if applicable
vi)
General Review and Commitment Certificate, if applicable
23
Part 2
2.1
The site plan shall show:
a)
Survey property boundaries and dimensions, all building lines, bearings of
metes and bounds and compass orientation (legal description);
b)
The location, use, height and dimensions of any existing and proposed
buildings including front, side, and rear yard dimensions and relationships
to adjoining property lines and buildings, and the proposed lot coverage;
c)
Existing and finished ground levels or grades, and first floor elevations
referenced to an established datum at or adjacent to the site in respect of
which an application is made;
d)
Existing rights-of-way, easements and municipal services; and
e)
Location of existing and proposed fire hydrants or on site supply of water
for fire fighting;
f)
All existing and proposed parking layout, fire access routes, fire
department connection locations, location of required exits, retaining walls,
swimming pools, accessory buildings, septic systems, wells and any other
such physical additions to the site.
2.2
The grading plan and site servicing plan shall show:
a)
The property lines, building location, sidewalks, driveways, curb cuts,
swales, all utility services and new / existing service connections;
b)
Pre and post spot elevations for this project and adjacent properties,
slopes of driveways, sidewalks and swales, direction of drainage flow;
c)
Location of storm water catchment area, catch basins, below grade and
above grade utilities and connections into services at property line;
d)
Top of foundation and underside of footing elevations;
e)
Information to confirm zoning compliance, including setbacks, percent lot
coverage, landscape area, and driveway coverage;
f)
Location of existing and proposed fire hydrants or on site supply of water
for fire fighting; and
g)
Location of easements, and right-of ways.
2.3
The architectural drawings shall show:
a)
OBC matrix;
b)
Floor plans including dimensions and room names;
c)
All wall types and construction, window and door opening locations and
sizes;
d)
Designs for all fire separations, firewalls, and fire stopping;
e)
Building elevations;
24
f)
Building sections; and
g)
Any other applicable details to demonstrate conformance to the OBC.
2.4
The structural drawings shall show:
a)
All design loading, including but not limited to: snow, rain, wind, seismic,
and soil bearing capacity;
b)
Foundation plans;
c)
Floor, and roof framing plans;
d)
All structural sizes;
e)
Snow drifting diagrams;
f)
Location and required reinforcement of all mechanical equipment; and
g)
All required shoring designs.
2.5
The mechanical drawings shall show:
a)
All plumbing, heating, and ventilation designs;
b)
Location of the building's water meter, if applicable;
c)
All pipe and duct sizing, including location and design of fire dampers; and
d)
Schedule for size and specification of all mechanical equipment.
2.6
The electrical drawings shall show:
a)
All emergency lighting and lighting within floor areas; and
b)
All fire alarm system designs.
2.7
The fire protection drawings shall show:
a)
Location of all standpipe stations, sprinkler heads, pipe sizing,
suppression hood shop drawings, and specifications for any equipment required
for fire protection system.
2.8
The on-site sewage system drawings shall show:
a)
A site plan showing the location of the sewage system on the property
along with dimensions to the locations of items listed in Column 1 of
Tables 8.2.1.6.A, 8.2.1.6.B. and 8.2.1.6.C of Division B of the OBC;
b)
Location of test pits;
c)
Depth to watertable; and
d)
Design calculations.
25
Schedule C - Code of Conduct
CODE OF CONDUCT FOR BUILDING
OFFICIALS AND INSPECTORS
Preamble
The Code of Conduct applies to the Chief Building Official and Inspectors appointed under the
Building Code Act in the exercise of a power or the performance of a duty under the Building
Code Act of the Building Code.
Purpose
The purpose of the Code is to promote appropriate standards of behavior and enforcement
actions to ensure that building officials apply standards of honesty and integrity, and to prevent
practices constituting an abuse of power, including unethical or illegal practices.
Standards of Conduct
Building Officials shall undertake:
1. To always act in the public interest, particularly with respect to the safety of buildings
and structures.
2. Not to act where there may be or where there may reasonably appear to be a conflict
between their duties to their employer, their profession, their peers, the public at large,
and their personal interests.
3. To apply known relevant building by-laws, codes, and standards appropriately and
without favour.
4. To perform their duties impartially and in accordance with the highest professional
standards.
5. At all times to abide by the highest moral and ethical standards and to avoid any
conduct which may bring Building Officials into disrepute.
6. To comply with the provisions of the Building Code Act, the Ontario Building Code, and
other Acts or Laws which regulate or govern Building Officials or their functions.
7. Not to act beyond their personal level of competence or outside their area of expertise.
8. To maintain current accreditation to act as an Ontario Building Official.
9. To extend professional courtesy to
all. Breaches of the Code of Conduct
The Ontario Building Code Act provides that the performances of Building Officials will be
measured against this Code of Conduct. The Municipal Administration will review allegations
brought forward, in writing, that the Code of Conduct has been breached. Disciplinary action
arising from violations of this Code of Conduct is the responsibility of the Municipality and will
be based on the severity and frequency of the violations in accordance with relevant
employment standards.
26
Appendix A - Forms
Forms to be used for the implementation of this By-law
Form 1
Application to Permit Construction/Demolition
Form 2
Change of Use Permit Application
Form 3
General Review Commitment Certificate (from
professional Architect or Engineer)
Form 4
Order to Comply with Act of Building Code
Form 5
Stop Work Order
Form 6
Order to Remedy Unsafe Building
Form 7
Order Prohibiting Use or Occupancy of Unsafe
Building
Form 8
Emergency Order
Form 9
Alternative Solution Form
Form 10
Transfer of Permit Form
Form 11
Schedule 1
Form 12
Schedule 2
Form 13
Energy Efficiency Design Summary - Prescriptive
Form 14
Energy Efficiency Design Summary - Performance
Form 15
SB-10 Form
Form 16
SB-10 Non-Residential Part 9 Form
27
Schedule D- Set Fines
MUNICIPALITY OF STRATHROY CARADOC
SCHEDULE "D"
TO BY-LAW NUMBER 61-21 BUILDING BY-LAW
SET FINES
PART I PROVINCIAL OFFENCES ACT
ITEM
COLUMN 1
SHORT FORM WORDING
COLUMN 2
SECTION
COLUMN 3
SET FINE
1.
Construct building without permit
Section 4.10.
$300.00
2.
Demolish building without permit
Section 4.10.
$300.00
3.
Construct swimming pool without permit Section 4.10.
$300.00
4.
Occupy building without occupancy
permit
Section 4.11.
$300.00
5.
Removal or Obstruction of posted order Section 21.1.
$300.00
6.
Failure to comply with order
Section 21.2.
$500.00
7.
Failure to comply with stop work order
Section 21.3.
$500.00