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1
THE CORPORATION OF THE TOWNSHIP OF TAY
BY-LAW NO. 2014-24
A By-law to regulate construction, demolition, and change of
use permits for buildings, structures, and all other related
services within the Township of Tay, and to repeal By-law No.
2005-59 as amended.
WHEREAS Section 7 of the Building Code Act, 1992 S.O., Chapter 23 as
amended empowers Council to pass certain By-laws respecting
construction, demolition, change of use, transfer of permits, inspections
and the setting and refunding of fees and related matters;
THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
TAY ENACTS AS FOLLOWS:
1
Short Title
1.1 This By-law may be cited as "The Building By-law."
2
Terms and Definitions:
2.1 Non-defined Terms:
Definitions of words and phrases used in this By-law that are not
included in the list of definitions in this Part shall have the
meanings which are commonly assigned to them in the context in
which they are used in this By-law taking into account the
specialized use of terms with the various trades and professions to
which the terminology applies.
2.2
Defined Terms:
The words and terms in bold Italics in this Section have the
following meaning for the purposes of this By-law,
Act means the Building Code Act, S.O. 1992, Chapter 23 as
amended.
Applicant means the owner of a building or property who applies
for a permit or any person authorized by the owner to apply for a
permit on the owner's behalf, or any person or corporation
empowered by statute to cause the demolition of a building or
buildings and anyone acting under the authority of such person or
corporation.
As Constructed Plans is defined in the Building Code.
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.
Authorized Agent means a person whom has been authorized by
the owner in writing to act on the owners behalf for matters
relating to application for permit.
Building means a building as defined in Section 1(1) of the Act.
Building Code means the regulations made under Section 34 of
the Act.
2
Change of Use means to change the use of a building or part of
a building or permit the use to be changed if the change will result
in an increase in hazard, as determined in accordance with the
Building Code. No construction may necessarily be proposed or
required.
Chief Building Official means the chief building official appointed
by the By-law of The Corporation of the Township of Tay for the
purposes of enforcement of the Act.
Code means the Building Code Act, S.O. 1992, c.23 as amended.
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.
Corporation means The Corporation of the Township of Tay
Demolish means to do anything in the removal of a building or
any material part thereof and "demolition" has a corresponding
meaning.
Farm Building means a farm building as defined in the building
code.
Foundation Pinning means the process of controlling, to a high
degree of accuracy, the location of a new building foundation by
setting steel rods or pins within a foundation's footing prior to
pouring the concrete for the footing
Municipality means the Corporation of the Township of Tay.
Owner means the registered owner of the land and includes a
lessee, mortgagee in possession, and the person in charge of the
property.
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 as regulated by the Act.
Permit Holder means the person to whom the permit has been
issued and who assumes the primary responsibility for complying
with the Act and the Building Code.
Plumbing means plumbing as defined in the Act.
Professional Engineer means a person who holds a license or a
temporary license under the Professional Engineer's Act, as defined
in the Building Code.
Sewage System means a sewage system as defined in the Act."
Single Dwelling means either a structure containing only one
dwelling unit, or attached dwelling units - separated vertically, and
with each having an independent entrance directly to the exterior.
Temporary Structure means, tents, greenhouses as governed by
the Act and the Building Code.
3
3
Administrative Procedures Relating to Permits
3.1
Permit Requirements
Pursuant to section 8.(1) of the Building Code Act, as amended;
No person shall,
a)
construct or demolish or cause to be constructed or
demolished a building;
b)
occupy or use a building for which a permit is
required; or
c)
change the use of a building;
unless a permit has been issued by the Chief Building Official.
3.2
Revision to Permit
After the 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 the permit was issued, must be
given in writing, to the Chief Building Official together with the
details of such change, which is not to be made without the Chief
Building Official's written authorization and payment of fees
established in the Township's User Fees and Service Charges By-
law.
3.3
Revocation of Permits
The Chief Building Official, subject to provisions outlined in
subsection 8-(10) of the Act has the authority to revoke a permit
issued under the Act.
Prior to revoking a permit under clauses 8-(10)(b) and (c) of the
Act, the Chief Building Official shall give written notice of intention
to revoke the permit to the permit holder at his last known address
and if on the expiration of thirty (30) days from the date of such
notice, the ground for revocation continues to exist, the permit
may be revoked without further notice and all submitted plans and
other information may be disposed of.
3.4
Deferral of Revocation
A permit holder may within thirty (30) days from the date of
service of a notice under subsection 3.3 of this By-law request in
writing the Chief Building Official to defer the revocation by stating
reasons why the permit should not be revoked. The Chief Building
Official having regard to any changes to the Act, Building Code or
other applicable law may allow the deferral at his or her discretion.
A request for deferral shall be accompanied by the non-refundable
fee therefore set out in Township's User Fees and Service Charges
By-law.
3.5
Transfer of Permits
When the lands on which a permit has been issued changes
ownership, permits are transferable only upon the new owner
completing a permit application to requirements of the section
"Documentation Requirements to Support Permit Applications". A
fee, as described in Township's User Fees and Service Charges By-
4
law shall be payable on transfer of permit by the new owner who
shall thenceforth be the permit holder for the purpose of the Act
and the Building Code.
3.6
Posting of Permits
Every permit holder shall post conspicuously on the work site,
the permit placard that is issued with the permit and shall be
responsible for the maintaining of the placard in a legible condition
until the work allowed by the permit is complete.
3.7
Incomplete Applications
Where an application is found to be incomplete and does not
comply with the Building Code, the application may be accepted
for processing if the applicant acknowledges same and completes
the form as set out in Schedule "H" of this By-law.
3.8
Abandoned Permits
An application for a permit shall be deemed to have been
abandoned by the applicant where:
a) the application is incomplete and remains incomplete three
months after it was submitted; or
b) the application is complete, a permit is available to be issued,
and six months has elapsed from the date upon which the
owner was notified that the permit was available, and
c) All incomplete and abandoned applications shall be considered
void and all plans and documents may be destroyed.
4
Classes of Permits:
Classes of permits with respect to the construction, demolition and
change of use of buildings shall be as set out in Schedule "A" to
this By-law.
5
Documentation Requirements to Support Permit Applications:
5.1 All Applications
To obtain a permit, the owner or an agent authorized in writing
by the owner, shall file an application in writing by completing a
prescribed Provincial form available at the offices of the
municipality
or
from
the
Building
Code
website
(www.obc.mah.gov.on.ca) and,
a)
completing
any
additional
forms
prescribed
by
the
municipality under the Act shall be set out in Schedule "G" to
this By-law and,
b)
submit all approvals required so that the proposed building,
construction or demolition will not contravene any Applicable
Law (Schedule "E") and,
c)
be accompanied by the required fee and,
d)
for new single detached, duplex or semi-detached dwellings
be accompanied by,
(i)
in the case of land in respect of which an accepted area
or subdivision grading plan has been filed with the
Director of Planning and Development, a lot grading plan
bearing the signature and seal of the subdivision owner's
professional engineer who is responsible for the overall
subdivision grading certifying thereon that the lot
5
grading plan conforms with the accepted area or
subdivision grading plan filed with the Director of
Planning and Development; or
(ii) in the case of land in respect of which no accepted area
or subdivision grading plan has been filed with the
Director of Planning and Development, a lot grading
plan bearing the signature and seal of a professional
engineer, or a Landscape Architect (a member of the
Ontario Association of Landscape Architects) or an
Ontario Land Surveyor who certifies that the drainage
scheme depicted by the plan will be compatible with the
existing drainage pattern unless this requirement is
waived by the Chief Building Official.
5.2
Building and Demolition Permit Application
Every application, as described in this By-law, for a building or
demolition permit shall be submitted to the Chief Building
Official, and contain the following additional information:
a) include complete plans and specifications, documents and other
information as required by the Building Code and as described
in Schedule "C" - Plans and Documents of this By-law for the
work to be covered by the permit,
b) Where application is made for a demolition permit under
subsection 8-(1) of the Act, in addition to 5.2(a) include
satisfactory
proof
to
the
Chief
Building
Official,
that
arrangements have been made with the proper authorities for
the disconnection, cutting off and plugging of all services.
5.3
Conditional Permit Application
Every application, as described in this By-law, for a conditional
permit under subsection 8-(3) of the Act, shall be submitted to
the Chief Building Official, and contain the following additional
information:
a) include complete plans and specifications, documents and other
information as required by the Building Code and as described
in Schedule "C" - Plans and Documents of this By-law for the
work to be covered by the permit
b) state, in writing, the reasons why the applicant believes that
unreasonable delays in construction would occur if a conditional
permit is not granted,
c) state, in writing, the necessary approvals which must be
obtained in respect of the proposed building and the time in
which such approvals will be obtained; and
d) state, in writing, the time in which plans and specifications of
the complete building will be filed with the Chief Building
Official.
e) Include a written agreement, in the form attached in Schedule
"G" and provided by the Chief Building Official, executed by
the applicant, the owner and such other necessary persons
the Chief Building Official determines for the purposes set
out in the Building Code Act.
5.4
Change of Use Permit Application
Every application for a Change of Use Permit issued under
subsection 10-(1) of the Act, shall be submitted to the Chief
Building Official, and contain the following additional information:
6
a) include complete plans and specifications, documents and other
information as required by the Building Code and as described
in Schedule "C" - Plans and Documents of this By-law for the
work to be covered by the permit
b) describe the building in which the occupancy is to be changed,
by a description that will readily identify and locate the
building,
c) identify and describe in detail the current and proposed
occupancies of the building or part of a building for which the
application is made,
d) include plans and specifications showing 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: floor plans;
details of wall, ceiling and roof assemblies identifying required
fire resistance ratings and load bearing capacities, details of the
existing "sewage system", if any,
e) state the name, address and telephone number of the owner,
f) be signed by the owner or his or her authorized agent who
shall certify the truth of the contents of the application.
5.5
Equivalents Application
Where an application for a permit or for authorization to make a
material change to a plan, specification, document or other
information on the basis of which a permit was issued, contains an
equivalent
material,
system
or
building
design
for
which
authorization under the Act is requested, the following information
shall be provided:
a) a description of the proposed material, system or building
design for which authorization under the Act is requested,
b) any applicable provisions of the Building Code;
c) evidence that the proposed material, system or building design
will provide the level of performance required by the Building
Code.
This information must accompany a permit application, or it
may be incorporated into the request for authorization to make
a material change to plans, specifications etc., on which basis a
permit was issued.
5.6
Sewage System Permit Application
For every application, as described in this By-law, for a sewage
permit that is submitted to the Chief Building Official, the
application shall:
a) include complete plans and specifications, documents and other
information as required by the Building Code and as described
in Schedule "C" - Plans and Documents of this By-law for the
work to be covered by the permit
b) include a site evaluation as described in Schedule "C" - Plans
and Documentation of this By-law.
5.7 Plans and Specifications
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 or change
of use will conform with the Act, the Building Code and any
7
other applicable law and whether or not it may affect adjacent
property.
Each application shall, unless otherwise specified by the Chief
Building Official Building Official, be accompanied by two
complete sets of the plans and specifications required under this
By-law.
Plans shall be drawn to scale (minimum 1:75 or 3/16"=1') 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" - Plans and Documents, to this
By-law unless otherwise specified by the Chief Building Official.
Plans and specifications furnished according to this By-law or
otherwise required by the Act become the property of the
Corporation and will be disposed of or retained in accordance with
relevant legislation.
5.8
The Site Plan
A site plan referenced to a current plan of survey certified by an
Ontario Land Surveyor or a legal copy of such a survey shall be
filed with the municipality unless this requirement is waived as in
the case where the Chief Building Official is able to determine
whether the proposed work conforms to the Act, the Building
Code, and any other applicable law without benefit of having a
current plan of survey available for review.
Where the proposed building setback is less than 0.3048 metres
(1.00 feet) greater than the applicable minimum setback required
under the Township of Tay's current General Zoning By-law, or as
required by the Chief Building Official, the building's foundation
shall be pinned by an Ontario Land Surveyor, unless this
requirement is waived by the Chief Building Official.
All Site plans shall show information as set out in Schedule "C" -
Plans and Documents.
5.9
Payment of Fees
a) Fees for a required permit shall be as set out in Township's
User Fees and Service Charges By-law are due and payable
upon submission of an application for a permit.
b) Where a Building Permit has been issued and a Final inspection
verifying completion of the project has not been passed within
four (4) years from the date of issuance a fee per annum shall
be imposed for File maintenance in accordance with Township's
User Fees and Service Charges By-law. In default of payment of
File Maintenance fees by an owner within thirty (30) days of
mailing of an invoice, the Municipality shall add fees and
charges imposed by this By-law to the tax roll upon the real
property for which the initial Building Permit was issued, and
said fees shall be collected in the like manner as Municipal
Taxes.
8
6
Issuance of Permits
6.1
Issuance of Permits
The Chief Building Official, subject to provisions outlined in
subsection 8-(2) of the Act has the authority to issue a:
Building Permit;
Demolition Permit;
Change of Use Permit;
Conditional Permit;
Partial Permit;
Sewage System Permit;
Temporary Structure;
as described in Schedule "A" of this By-law
6.2
Issuance of Partial Permits
The Chief Building Official, subject to provisions outlined in
subsection 7 and 8-(2) of the Act has the authority to issue a
Partial Permit, as described in Schedule "A" of this By-law.
6.3
Issuance of Conditional Permits
The Chief Building Official, subject to provisions outlined in
subsection 8-(3) and 8-(5) of the Act has the authority to issue a
Conditional Permit, as described in Schedule "A" of this By-law.
6.4
Notwithstanding Clause
The Chief Building Official shall not, by reason of the issuance of
a permit or permits for a part or parts of the building issued
under this subsection, be under any obligation to grant any further
permit or permits thereof.
7
Inspections and Notice Requirements for Inspections
7.1
Prescribed Notices and Inspections
A permit holder or his or her authorized agent shall notify the
Building Department of the municipality at least two (2) business
days in advance of the stages of construction specified in the
Building Code.
7.2
Time Frame for Prescribed Inspection after Notice is Given
After notice has been given as required by the Building Code an
inspector shall undertake a site inspection not later than two days
after the notice is given. In the case of site inspections of sewage
systems the municipality is required to undertake an inspection
within 5 days. These time periods exclude Saturdays, holidays and
all other days when the offices of the principal authority are not
open for the transaction of business with the public.
7.3
Additional Notices and Inspections
A permit holder or his or her authorized agent shall notify the
Building Department of the municipality at least two (2) business
days in advance of the stages of all construction specified as
required by the Building Code with exceptions noted in Schedule
"D" - Inspections.
9
8
As Constructed Plans
8.1
The Chief Building Official, at his or her discretion, may require
that a set of plans of a building or any class of buildings as
constructed be filed with the Chief Building Official on
completion of construction under such conditions as may be
prescribed in the Building Code.
9
Fencing at Construction and Demolition Sites
9.1
Where, in the opinion of the Chief Building Official, a
construction or demolition site
presents a particular hazard to
the public, the Chief Building Official may require the
erection
of such fencing as he or she deems appropriate to the
circumstances.
9.2
In considering the hazard presented by the construction or
demolition site, the necessity for fencing and the height and
characteristics of such fencing, the Chief Building Official 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 such fences; and
e) the duration of the hazard.
10
Administrative Procedures Relating to Permit Fees
10.1 Collection of Permit Fees
The Chief Building Official, subject to provisions outlined in
subsection 7-(1)(c), 7-(2) of the Act, has the authority to collect
and administer permit fees in accordance to the Township's User
Fees and Service Charges By-law for the purpose of;
a) recovering direct and indirect costs of the administration and
enforcement of the Act, and;
b) establishing a reserve fund for any purpose relating to the
administration or enforcement of the Act.
10.2 Changing Permit Fees
Notice to the public, as outlined in the Building Code, shall be
undertaken by the Municipality before passing a By-law under
clause 7(c) of the Act to introduce or change a fee imposed for
applications for permits or for the issuance of permits.
10.3 Reporting
of
Permit
Fees
and
Costs
of
Building
Code
Administration and Enforcement
An annual report, as outlined in the Building Code, shall be
prepared by the Chief Building Official and the Director of
Finance .
10
10.4 Refunds
Upon written request from the owner, in the case of withdrawal of
an application or 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 the
Township's User Fees and Service Charges By-law. There shall be
no refund of permit fees where a permit has been revoked under
subsection 8-(10) of the Act.
11
Miscellaneous
11.1 If any court of competent jurisdiction finds that any provision of
this By-law is unlawful, ultra vires the jurisdiction of the Council or
are invalid for any other reason, such provisions shall be deemed
to be severable and shall not invalidate any of the other provisions
of the By-law which shall remain in full force and effect;
11.2 This By-law is to be read in conjunction with all the Statutes
referred to in the preamble hereto and in the event that there is a
conflict between the provisions of this By-law and the provisions of
the Act as amended, or its regulations, then the provisions of the
Act, as amended, prevail.
11.3 Council of the Municipality shall appoint a Chief Building
Official and such Inspectors as are necessary for the carrying out
of this By-law.
11.4 Schedule "A", "B", "C", "D" and "E" attached hereto shall form part
of this By-law,
11.5 A Code of Conduct, as set out in Schedule "F", for the Chief
Building
Official
and
inspectors
shall
be
maintained,
in
accordance to the provisions of the Act, by the Municipality.
Schedule "F" attached hereto shall form part of this By-law;
11.6 The forms prescribed for use as applications for permits, for orders
and for inspection reports as set out in Schedule "G" attached
hereto shall form part of this By-law;
12
Penalties
In addition to any other penalties prescribed by law, every person who:
a)
knowingly furnishes false information in any application
under this By-law; or
b)
contravenes any provision of this By-law,
is guilty of an offence and is subject to a penalty pursuant to the
Provincial Offences Act, R.S.O. 1990, c. P.33 in accordance with Section
36 of the Ontario Building Code Act, S.O. 1992, C.23, as amended.
The conviction of an offender upon the breach of any provisions of this
By-law shall not operate as a bar to a prosecution against the same
offender upon any continued or subsequent breach of any provision and
a Judge may convict any offender repeatedly for continued or subsequent
breaches of the By-law and the provisions of the Building Code Act, as
amended from time to time, shall further apply to any continued or
repeated breach of this By-law.
11
13
Repeal
By-law No. 2005-59 as amended is hereby repealed.
14
Implementation Date
This By-law shall take effect on May 14th, 2014.
BY-LAW read a FIRST, SECOND, and THIRD time and finally passed
this 14th day of May, 2014.
THE CORPORATION OF THE TOWNSHIP OF TAY
_______________________________
MAYOR Scott Warnock
_______________________________
CLERK Alison Thomas
12
SCHEDULE "A" - CLASSES OF PERMITS, to By-law 2014-24
BUILDING PERMIT:
To be for the purpose of allowing all types of
construction
governed
by
the
Act
and
the
Building Code, including, but not limited to, a
building, farm building, park model trailers,
plumbing and HVAC (stand-alone), public pools,
public spas, structure, sign, tents, and the
following Designated Structures, as defined in the
Building Code, communication towers,
crane runway, dish antenna, outdoor pool
(public), pedestrian bridge, retaining walls,
solar collector, and storage tanks.
CHANGE OF USE PERMIT:
To comply with the requirements of Section
10.(1) of the Act.
CONDITIONAL PERMIT:
Pertains to construction only and may be
issued only in accordance with Section 8.-
(3) of the Act.
The Chief Building Official is hereby
authorized
to
execute
the
written
agreement referred to in subsection 5.3
herein on behalf of the Municipality
where:
(i)
the
applicant
has
complied
with
subsection 5.3 herein; and
(ii)
the Chief Building Official is satisfied
that the compliance required under
Section 8 of the Act has been achieved.
DEMOLITION PERMIT:
To be used for the demolition of all or part of
a building or structure.
PARTIAL PERMIT:
When,
a
permit
is
applied
for,
when
applicable, in order to expedite work, the
Chief Building Official may grant approval for
construction to proceed for a portion of a
building or project prior to the issuance of a
permit for the complete building or project.
Such a permit shall be called a "Phase (No.
#) Permit".
Where a permit is issued for part of a
building
or
project,
this
shall
not
be
construed to authorize construction beyond
the plans for which approval was given nor
will that approval necessarily be granted for
the entire building or project.
Partial permits shall not be confused
with Conditional Permits.
Where a Partial Permit is requested the
application is deemed to be incomplete as
described in Section 3.7 of this By-law.
13
SEWAGE SYSTEM PERMIT:
To allow construction of a sewage system as
per Part 8 of the Ontario Building Code.
TEMPORARY STRUCTURE PERMIT: To allow construction of a Temporary
Structure which is intended for removal
within a prescribed period of time, not
exceeding two years, which is specified
in the permit issued.
14
SCHEDULE "B" - Fee Calculation Guide, to By-law 2014-24
PART 1.0 - TERMS AND DEFINITIONS
1.1 Non-defined terms
Definitions of words and phrases used in this Section that are not
included in the list of definitions in this Part shall have the
meanings which are commonly assigned to them in the context in
which they are used in this Section taking into account the
specialized use of terms with the various trades and professions to
which the terminology applies.
1.2 Defined Terms
The words and terms in Italics in this Section have the following
meaning for the purposes of this Section.
Attached Garage
means a Storage Garage as defined by the Ontario
Building Code that is of a complimentary use to a
residential occupancy, which it is attached and is
built at the same time as the construction of the
residential occupancy for which one Building
Permit was issued for the project as a whole. In
all other cases, the permit fee for an attached
garage shall be determined in accordance to the
rate associated with Accessory Buildings, as
detailed in the Township's User Fees and Service
Charges By-law.
Existing Structures means a terminology limited within the context of
this By-law found herein, and defines a building
as a structure being structurally sound, free of
defects,
insect
infestation,
rot
and
which
originated from a site or property within the
Township of Tay boundaries only.
Floor(s)
means all nominally horizontal surfaces, either
within or around the exterior of a structure, and
is meant to include, but not limited to, balconies,
decks, landings, ramps, levels, a storey, and
mezzanines. But does not apply to service
catwalks, exterior unenclosed patios or walks not
elevated above the finished grade.
Internal Fit-up
means a permit fee applied to an Industrial use
structure and shall be applied in to the Total Area
of all Floors of,
a) In the case of a single tenancy, those Floor
areas, containing offices, production/process
areas, workshops, showrooms, meeting rooms,
staff rooms, service rooms, and corridors and
storage
rooms
serving
these
spaces.
b) Multi-tenancy, all Floor areas leased, rented or
owned by a single tenancy.
Inspection(s)
means an Inspection performed at a property of
a particular element or assembly of a structure as
mandated to be inspected by either the Ontario
15
Building Code, and/or the current edition of
Township of Tay Building By-law. Where a single
site visit permits for the Inspection of one or
more elements or assemblies of a structure, for
the purpose of this By-law, the fee applied shall
be the total sum of all Inspections performed
during the single site visit.
New Foundation
means a permit fee applied to Existing Structures
that do not require Professional Control, will not
require any additional works, other than a new
footing and foundation system, and new service
connections.
Professional Control means the design, general review, or both of
construction or demolition by an Architect, a
Professional Engineer, or both as prescribed by
the Ontario Building Code.
Shell
means a permit fee applied to an Industrial use
structure and shall be applied in to the Total Area
of all Floors
Total Area
means the gross area of all Floors calculated in
accordance with Part 2.0 - "Fee Calculations
Guide", of this By-law.
Use
means the purpose for which any part of a
building or structure is designed, arranged,
intended, occupied, or maintained.
PART 2.0 - FEE CALCULATIONS GUIDE
2.1 Minimum Permit Fee
No Permit Fee shall be less than established in the Township's User
Fees and Services Charges By-law, regardless of results calculated
in accordance with Part 2.0 - Fee Calculations Guide of this By-law.
2.2
Determination of Area Calculations for Permit Fees
For the purpose of calculating the cost of permits, the following
method establishing square footage shall be used:
a) Each Floor area, shall be measured between the outside
surfaces of exterior walls, or between the outside surfaces of
exterior walls and the centre line of Firewalls or Party Walls.
For structures like, mezzanines, Decks/Porches, and loading
docks the area shall be measured between the platform edge
to platform edge, or between the platform edge to an
abutting wall face. The summation of these calculations shall
be considered the Total Area.
b) A basement or a crawlspace contained in whole below grade,
and with no interior finishes installed, or where no Use is
proposed shall not have a permit fee applied.
c) All walkout basements in Dwellings shall have half of their
Total Area calculated for the applicable permit fee.
16
d) No deductions shall be made for openings within a Floor, i.e.
stairwells, elevator shafts, service shafts (ducts. etc.).
e) A horizontal plane may be projected over sloping and
stepped Floors to determine Floor area in lieu of actual
surface area.
f) The primary function or use of a tenancy shall determine the
applicable fee or fees to floor areas within that suite or unit.
g) In buildings of multiple suites or tenancy, where more than
one fee would apply. A separate Total Area calculation shall
be performed for each of the different occupancies, defined in
the Township's User Fees and Service Charges By-law, the
appropriate fee shall be applied to this Total Area, with the
summation of all fees resulting in the total Building Permit
Fee.
2.3 Alternative Fee Calculations
Structures that are of an unusual shape, or where projects are
unique in nature, the Chief Building Official, at his discretion, may
determine the value of the Building Permit Fee. The Chief Building
Official may utilize some, all, or a combination thereof, of the
following criteria to determine the Building Permit Fee.
a) An estimation of staff time to be spent on the file based on the
Township's User Fees and Service Charges By-law.
b) Apply a fee, or combination of fees that in the judgement of the
Chief Building Official, most closely reflects the proposed
project.
2.4 Combined Permit Fees
a) Where a structure equipped with services or assemblies that
are, either required by The Ontario Building Code, or are of a
voluntary installation, and for which the Township's User Fees
and Services Charges By-law, the summation of all applicable
fees shall result in the total Building Permit Fee.
b) The fee for Heating shall only be charged when no other
construction is proposed.
17
SCHEDULE "C" - Plans and Documentation, to By-law 2014-24
Appendix 1: Documentary Requirements for Single Dwelling and Small
Buildings (New, Additions and Ancillary structures)
This document is to be read in conjunction with By-law 2014-24.
The following summarizes the documentation that must be submitted at
the time of a building permit application. Permit applications will not be
accepted where any of the required information is not submitted.
Site and Grading Plans (two (2) sets)
lot size and the dimensions of property, and location/dimensions of
all existing and proposed buildings (setbacks to property lines &
distance to other buildings),
location and dimensions of all proposed and existing, roads, rights-
of-way, easements and municipal services,
elevations of proposed and existing grades and the proposed
finished first floor elevations of all buildings,
location and dimensions of an on-site sewage system, (tank, tile
field, and mantle),
location and depth of the municipal sewer lateral,
location of municipal water service connection, or of a private well,
location, dimensions, and slopes of grading features, (i.e. swales,
drywells, retaining walls) and,
slope of driveways and top elevation of finished garage floor slab.
Foundation Plan (two (2) sets)
drawn to scale and fully dimensioned,
use of every room and space and finished or unfinished spaces
all structural framing (joists, beams columns and lintels etc.)
location, size and dimensions of all footings and spacing of footing
pads
foundation wall type and thickness
proprietary floor system layout and manufacture bearing P.Eng.
seal,
location of all plumbing fixtures,
Identification of all building materials and/or reference to a
schedule or legend.
location of smoke alarms and carbon monoxide detectors, and
location of floor drain and sump pump
Floor Plans (two (2) sets of all floor levels)
drawn to scale and fully dimensioned,
use of every room or space,
all structural framing,
proprietary floor system layout and manufacture bearing P.Eng.
seal,
location of all plumbing fixtures,
location of all fireplaces and type of fuel (wood or gas),
location of smoke alarms and carbon monoxide detectors and,
Identification of all building materials and/or reference to a
schedule or legend.
18
Roof Plans (two (2) sets)
drawn to scale and fully dimensioned.
Roof Truss layout from manufacture bearing P. Eng. seal or,
Rafter and Ceiling Joist layout and design
Elevations (two (2) sets)
area of exposed building face, area and % of glazed openings and
required limiting distance,
exterior finishes (for Exterior Insulation Finish Systems, include
name of manufacturer),
window/door type, locations and sizes including height of sills
above floor,
roof slope and finish and,
stairs, landings, guards and handrails.
Building Sections (two (2) sets)
floor to floor and floor to ceiling heights,
footing and foundation wall details including height of grade above,
basement floor,
specifications of all floor, wall and roof assemblies,
underpinning detail where required and,
stairs, landings guards and handrails.
Construction Details (two (2) sets)
typical wall section from footings to roof.
typical roof detail where cathedral ceilings are proposed.
guard details (reference to SB -7 details or drawings complying
with Part 4
design).
specifications of all wall, floor and roof assemblies and building
materials.
Heating, Ventilation and Air Conditioning Drawings (two (2) sets)
heat loss/heat gain design calculations and equipment summary,
mechanical ventilation design summary and,
duct layout drawings
Energy efficiency design summary
Plumbing
location of all plumbing fixtures
layout of all piping including drains, wastes and vents
layout of all plumbing appliances
Solid Fuel Burning Appliances
provide a copy of installation manuals for certified appliances and
chimneys
location of appliance and setback distances to combustibles
floor protection (if applicable)
wall and ceiling heat shield designs (if applicable)
Note: The Chief Building Official may specify that not all the above-
mentioned plans are required to accompany an application for a permit.
19
SCHEDULE "C" - Plans and Documentation, to By-law 2014-24
Appendix 2:
Documentary Requirements for ICI Structures, including
Multi-Dwellings (New, Additions and Ancillary structures)
This document is to be read in conjunction with By-law 2014-24.
The following summarizes the documentation that must be submitted at the
time of a building permit application. Permit applications will not be accepted
where any of the required information is not submitted.
Forms / Documents
Commitment to General Review signed by all project team disciplines
Building Code Data Matrix or Statement of Design (alternatively
include on Architectural Site Plan)
Land and Building Use Declaration (including identification of any
hazardous materials)
ASHRAE 90.1 Energy Certification Form
Flow Control Roof Drainage Form (to be filled out by Mechanical &
Structural Engineer)
Geotechnical Investigation Report
Architectural Site Plan (Three (3) copies)
Property lines and lot area referenced to a current Survey
Location of building in relation to property lines, streets, fire routes,
parking areas and other buildings
Overall dimensions (width/length) of all buildings, fire access routes,
driveways and entrances
Zoning summary (summary of permitted/proposed zoning provisions)
Proposed and existing grades, landscaped areas, sidewalk elevations
and proposed finished floor
elevations of all buildings
Barrier free curb cuts, parking and ramps and all associated details
Architectural Drawings (Three (3) sets all to have Architect's seal
where required)
Floor plans fully dimensioned, identifying rooms and spaces, wall
construction & fire separations
Reflected ceiling plans and associated details (co-coordinated with
Electrical consultant)
Roof Plan & associated details including any screening requirements
for mechanical roof top equipment
Building Elevations
Building cross sections
Wall sections, Stair sections and plan and section construction details
Enlarged detail plans (B/F washroom, stair enclosures) and associated
details, millwork details
Door and Room Finish Schedules (if not in specification)
Structural Drawings (Three (3) sets all to have Professional
Engineer's seal where required)
Design
specifications
c/w
loading,
deflection,
wind
uplift
and
earthquake analysis & reference to Geotechnical Report
Foundation plan and associated details (piles & caissons)
Floor framing plans c/w beam & column schedule
Roof Framing plan (confirm control flow drainage design requirements)
20
Details pertaining to structural connections, framing or any exterior
canopy structures
Mechanical Drawings (Three (3) sets all to have Professional
Engineer's seal where required)
Site servicing drawing
Floor plans for both HVAC and Plumbing c/w equipment schedule
Sprinkler System Design
Roof plan showing drainage and equipment schedule for roof mounted
equipment
Electrical Drawings (Three (3) sets all to have Professional
Engineer's seal where required)
Electrical site servicing drawing where separate from Mechanical
Floor plans showing lighting, power, emergency lighting, exit signage
and electrical equipment
Fire alarm system drawings (separate or combined with electrical
drawings) including FA riser/zoning
Other Submissions (where applicable)
Complete
Construction
Specifications
(Architectural,
Structural,
Mechanical and Electrical )
Security Hardware including Electromagnetic locking/hold-open system
drawings and details
Industrial Rack Storage System drawings complete with BMEC
authorization
Note: The Chief Building Official may specify that not all the above-
mentioned plans are required to accompany an application for a permit.
21
SCHEDULE "C" - Plans and Documentation, to By-law 2014-24
Appendix 3: Documentary Requirements for On-site Sewage System Design,
or Site Servicing Designs
This document is to be read in conjunction with By-law 2014-24.
The following summarizes the documentation that must be submitted at the
time of a building permit application. Permit applications will not be
accepted where any of the required information is not submitted.
On-site Sewage System Design
Statement of Design form as prescribed in Schedule "G" of By-law
2014-24 ,
A Site Evaluation Report which shall include all of the following items:
o include the date the evaluation was done;
o include name, address, telephone number and signature of the
person who prepared the evaluation; and,
o include a scaled map of the site showing:
o the legal description, lot size, property dimensions, existing
rights-of-way, easements or municipal / utility corridors;
o the location and setback distances of items listed in Column 1 of
Tables 8.2.1.5, 8.2.1.6.A., 8.2.1.6.B. and 8.2.1.6.C. of the
Building Code;
o the location of the proposed sewage system;
o the location of any unsuitable, disturbed or compacted areas;
o proposed access routes for system maintenance;
o depth to bedrock;
o depth to zones of soil saturation;
o soil properties, including soil permeability, and,
o soil conditions, including the potential for flooding."
System drawings and details
Site Servicing Designs
drawn to scale and fully dimensioned,
location and sizing of, water service, and fire service mains,
location, sizing, and minimum slope of, sanitary and storm sewers,
including cleanouts, manholes, and catch-basins and,
sewage and Storm Hydraulic load summery of each building serviced
on site.
Note: The Chief Building Official may specify that not all the above-
mentioned plans are required to accompany an application for a permit.
22
SCHEDULE "D" - Inspections, to By-law 2014-24
Where subsection 7.3 of By-law 2014-24 requires a permit holder or his
or her authorized agent to notify the Building Department of the
municipality at least two (2) business days in advance of the stages of
construction specified in the Building Code, the following exceptions apply:
The Building Code reads as follows;
commencement of construction of the building - the Chief Building
Official may waive this notice requirement.
substantial completion of interior finishes - where a permit holder or
his or her authorized agent does not request or require a Occupancy
Permit issued pursuant to the Building Code and a final inspection can
be completed for the project for which the permit was issued, the
requirement of notice for this inspection is waived.
substantial completion of exterior finishes - where a permit holder or
his or her authorized agent does not request or require a Occupancy
Permit issued pursuant to the Building Code and a final inspection can
be completed for the project for which the permit was issued, the
requirement of notice for this inspection is waived.
substantial completion of site grading - where a construction site is
subject to grading controls beyond the scope of the Building Code, a
permit holder or his or her authorized agent may not request such an
inspection, until those controls have been implemented and completed to
the satisfaction of the Municipality.
23
SCHEDULE "E" - List of Applicable Law, to By-law 2014-24
(Subject to change as per the Ontario Building Code
that supersedes this Schedule)
By-laws
Made under any private Act that prohibits the proposed
construction or demolition of the building unless the By-law
made is complied with. (See next page)
Brownfields
Clean Water Act, s.59
With respect to the issuance of a notice by the risk
management official for the construction of a building.
Conservation Authorities Act,
c.28(l)(c)
Construction which may affect conservation
area.
Day Nurseries Act, s.5
New building or premises, or existing altered,
renovated for use as a day nursery
Development Charges Act, s. 28 and 53 Withholding of building permits.
Education Act, s.194
The demolition of a building.
s.257.83 and 257.93
Withholding of building permits.
Elderly Persons Centres Act,
s.6
For construction of a building project.
Environmental Assessment
Act, s.5
To proceed with an undertaking of environmental
assessment.
s.5(4)
For construction or alteration of building which will
discharge contaminants.
Environmental Protection
Act, s.46
To use land or land covered by water that has been
use for the disposal of waste.
Environmental Protection
Act, s.47.3 For issuance of a renewable energy approval.
Environmental Protection
Act, s.168.3
For the construction of a building to be used in
connection with a change use of a property.
Environmental Protection
Act, paragraph 2, s.168.6(1) If a certificate of property use has been issued in
respect of the property under section 168.6(1)
Milk Act, s.14
For the construction or alteration of any building
intended for use as a plant.
Municipal Act, s.133(4)
To the fortification of buildings.
Nutrient Management For buildings or structure to house animals or store
Act, s.11.1
nutrients.
Nursing Home Act, s.4 To the construction, alteration, addition to or renovation
of a nursing home or conversion of an existing building
into a nursing home.
24
Ontario Heritage Act, s.27(3)
s.30
No construction, alterations or demolitions of building.
s.33
For the alteration of designated property.
s.34
For a demolition of a designated building.
s.34.5
With respect to the consent of the Minister for the
alteration or demolition of a designated building.
s.34.7(2)
With respect to the consent of the Minister for the
alteration or demolition of a designated building where
the Minister has given a notice of intent to designate a
building.
s.40.1
By-laws made under this section.
s. 42
Erection, alteration or demolition of a building in a
designated heritage conservation districts.
Planning Act, s.33
Except where, in the case of the demolition of a
residential property, a permit to demolish the
property is obtained under the Section.
s.34 or 38
By-laws made under these sections or under Section 3
of the O. Reg. 246/01.
s.41
For the construction or alterations of any building
under site plan control area.
s.42
With respect to the payment of money where payment
is required under subsection 42(6) of that Act
s.46
s.47
Planning and Development With respect to a conflict between a development plan
Act, s.14
under that Act and a zoning by-law that affects the
proposed building or structure.
Public Lands Act, s.2
The construction or placement of a building on public
land.
Public Transportation and
Highway Improvement Act,
s.34 or 38
For the placement, erection or alteration of building
or other structure or the use of land
And all other applicable law as defined in the Building Code Act
Applicable Laws - Ont. Regulations
Other authorities having jurisdiction:
Township of Tay Public Works Department
Township of Tay Fire Department
Township of Tay Treasury Department
Township of Tay Water Department
Electrical Safety Authority
Barrie Hydro
Simcoe County District Health Department
County of Simcoe
25
SCHEDULE "F" - Code of Conduct, to By-law 2014-24
CODE OF CONDUCT FOR BUILDING OFFICIALS
(PURSUANT TO SECTION 7.1-(1) OF THE "BUILDING CODE ACT")
Preamble
The Code of Conduct applies to the Chief Building Official and Building Officials
appointed under the Building Code Act in the exercise of a power or the
performance of a duty under the Building Code Act or the Building Code. The
purpose of the Code is to promote appropriate standards of behavior and
enforcement actions to ensure building officials apply standards of honesty and
integrity, and to prevent practices constituting an abuse of power including
unethical or illegal practices.
Standard of Conduct
Building Officials undertake to:
1. Always act in the public interest, particularly with regard to the safety of
building works 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
and the public at large and their personal interests.
3. Apply all relevant building By-laws, codes and standards appropriately and
without favour.
4. Perform their inspections and plan examination duties impartially and in
accordance with the highest professional standards.
5. At all times abides by the highest moral and ethical standards and avoiding
any conduct, which could bring or tend to bring Building Officials into
disrepute.
6. Comply with the provisions of the Building Code Act, the Ontario Building
Code and other Acts or Laws that 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. Maintain current accreditation to act as an Ontario Building Official.
9. Maintain their knowledge and understanding of the best current building
practices, the building laws and Codes relevant to their inspection and plan
examination function.
10.Extend professional courtesy to all.
Breaches of the Code of Conduct
The Building Code Act provides that the performance of Building Officials will be
measured against this code of conduct. In response to any allegation of a breach of
this code against a Building Official, the Chief Building Official shall direct an
investigation and where appropriate, recommend disciplinary action against any
Building Official who fails to comply with this code of conduct. Where the allegation
is against the Chief Building Official, the Director of Planning and Development will
direct the investigation and make such recommendations as are reasonable.
In determining the appropriate discipline, the Chief Building Official or the Director
of Planning and Development will have regard to the relevance of the conduct to
the official's power's and responsibilities as well as the severity of any misconduct.
Disciplinary action arising from violations of the code of conduct is the responsibility
of The Corporation of the Township of Tay's administration and is subject to
relevant collective agreements, employment laws and standards.
26
SCHEDULE "G" - Prescribed Forms, to By-law 2014-24
This is Schedule "G" to By-law No. 2014-24 respecting
Form 1
Application for Change of Use Permit (1)
Form 2
Application for the use of an equivalent (1)
Form 3
Change of Use Permit
Form 4
Field Review Report
Form 5
Site Plan Approval Release
Form 6
Building Design Information (OBC Data Matrix)
Form 7
Supplementary Information Form for Residential Projects
Form 8
On-Site Sewage Statement of Design
Form 9
Residential Deck Statement of Design
27
SCHEDULE "H" to By-law 2014-24
ACKNOWLEDGEMENT BY APPLICANT OF INCOMPLETE APPLICATION
ACKNOWLEDGEMENT BY APPLICANT OF AN INCOMPLETE APPLICATION
Pursuant to the Building Code
Part A
A prescreening of the application to ____________________________________________________
(describe work)
at __________________________________ reveals that the application is incomplete in that the
(location of work) following items are missing:
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
(The above list may not be complete. Further permit processing may indicate additional
outstanding items that are required.)
As such, the application is not entitled to the processing time periods prescribed in of the
Building Code.
The Township of Tay will however accept the incomplete application for processing if the
Acknowledgement below is completed.
Part B
I _________________________________________________________________________________________
(print name of applicant)
acknowledge that my application to _______________________ at __________________________
(describe work) (location of work)
does not meet the requirements of the Building Code and therefore is not entitled to the
time periods prescribed in the Building Code.
Notwithstanding the above, I wish to have the application accepted for processing and
understand that a permit cannot be issued until all the information is submitted and
reviewed for compliance.
I have authority to bind the corporation or partnership (if applicable).
____________________ ______________________________
(Date) (Signature of Applicant