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Building Permits and Inspections By-Law
 
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BY-LAW No. 2006-44

BEING a By-law under the Building Code Act, 1992 respecting Permits and related matters;

 WHEREAS Section 7 of the Building Code Act, 1992, S.O 1992, Chapter 23, authorizes a municipal council to pass by-laws concerning the issuance of Permits and related matters;

 NOW THEREFORE the Corporation of the Township of Alfred and Plantagenet enacts as follows:

1.0 SHORT TITLE

1.1 This By-Law may be cited as the "Building Permits By-law".

2.0 DEFINITIONS AND WORD USAGE in this By-law:

2.1 "Act" means the Building Code Act, 1992, S.O 1992, Chapter 23, as amended;

2.2 "Applicant" means the Owner of a Building or property who applies for a Permit or any person authorized in writing 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;

2.3 "As Constructed Plans" means "As Constructed Plans" as defined in the Building Code;

2.4 "Building" means a "Building" as defined in subsection 1(1) of the Act;

2.5 "Building Code" means the regulations made under Section 34 of the Act;

2.6 "Construct" means to "Construct" as defined in section 1(1) of the Act;

2.7 "Chief Building Official" means the Chief Building Official or their designate appointed pursuant to section 3(2) of the Act and by by-law of the Corporation of The Township of Alfred and Plantagenet for the purpose of enforcement of the Act;

2.8 "Corporation" means The Corporation of The Township of Alfred and Plantagenet;

2.9 "Demolish" means to "Demolish" as defined in subsection 1(1) of the Act;

2.10 "Planning Administrator" means the Planning Administrator or their designate appointed by by-law of the Corporation of The Township of Alfred and Plantagenet;

2.11 "Road Superintendent" means the Road Superintendent or their designate appointed by by-law of the Corporation of The Township of Alfred and Plantagenet;

2.12 "Farm Building" means a "Farm Building" as defined in the Building Code;

2.13 "Inspector" means an inspector appointed pursuant to subsection 3(2) of the Act and by by-law of the Corporation of the Township of Alfred and Plantagenet;

2.14 "Municipality" means the Corporation of the Township of Alfred and Plantagenet;

2.15 "Owner" means the registered Owner of the land and includes a lessee, mortgagee in possession, and the person in charge of the property;

2.16 "Permit" means permission or authorization given in writing by the Chief Building Official to perform specific Work regulated by this by-law, the Act, and the Building Code, or to occupy a Building or part thereof, or to change the use of a Building or part of a Building or parts thereof as regulated by the Act;

2.17 "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;

2.18 "Plumbing" means "Plumbing" as defined in subsection 1(1) of the Act;

2.19 "Project" means to do anything in the construction or demolition or change of use or plumbing for a building which is regulated by the Act and/or the Building Code.

2.20 "Work" means to do anything in the construction or demolition or change of use or plumbing for a building which is regulated by the Act and/or the Building Code.

Terms not defined in this By-Law shall have the meaning ascribed to them in the Act or the Building Code.

3.0 CLASSES OF PERMITS

3.1 Classes of Permits required for Work are set forth in Schedule "A" appended to and forming part of this By-law.

3.2 Permits for work other than that referred to in this By-law shall be obtained from the appropriate authority having jurisdiction in accordance with the by-laws of the Corporation and any applicable laws. Such permits may include but are not limited to: encroachments, culverts, water and sewer services, street cuts and electricity.

4.0 PERMITS

 4.1 To obtain a Permit, the Applicant, shall file an application in writing by completing the prescribed form available from the office of the Chief Building Official as set out in Schedule "C" of this By-law or from the Building Code website www.obc.mah.gov.on.ca and shall supply any other information relating to the application as required by the Chief Building Official.

Building Permit Application 

a) Every application for a Building Permit shall be submitted to the Chief Building Official, and shall contain but is not limited to the required items listed on the Municipal Building Permit checklist for the appropriate Work type as set out in Schedule "C" of this by-law and shall be signed by the Applicant who shall certify the truth of the contents of the application.

4.2 Where an application is made for a construction Permit under subsection 8(1) of the Act, the application shall include the completed prescribed provincial application form "Application for a Permit to Construct or Demolish", said form being attached hereto in Schedule "C" and the required information set out in section 4 of this By-law.

4.3 Where an application is made for a demolition Permit under section 8(1) of the Act, the Applicant shall include the completed prescribed Provincial application form "Application for a Permit to Construct or Demolish", said form being attached hereto in Schedule "C" and the required information set out in section 4 of this By-law.

4.4 Where an application is made for a conditional Permit under section 8(3) of the Act, the Applicant shall:

a) include the completed prescribed provincial application form, "Application for a Permit to Construct or Demolish", said form being attached hereto in Schedule "C".

b) include complete plans and specifications, documents and other information as required by the Act, the Building Code or this By-Law for the Work to be covered by the Permit;

c) state the reasons why the Applicant believes that unreasonable delays in Work would occur if a conditional Permit is not granted;

d) state necessary approvals which must be obtained in respect of the proposed Building and the time in which such approvals will be obtained;

e) state the time in which plans and specifications of the complete Building will be filed with the Chief Building Official; and

f) be accompanied by a written agreement between the Owner and the Council of the Corporation which shall include the matters provided for in Article 8(3)(c) of the Act and such other matters as may be required by the Corporation.

4.5 Where an application is made for a change of use Permit under section 10(1) of the Act, the application shall:

a) include the completed prescribed provincial application form, "Application for a Permit to Construct or Demolish", said form being attached hereto in Schedule "C".

b) include plans and specifications which:

-describe the Building or part thereof in which the occupancy is to be changed;

-identify and describe in detail the current and proposed occupancies of the Building or part of a Building for which the application is made; and

-contain sufficient information to establish compliance with the requirements of the Building Code including floor plans, details of wall, floor and roof assemblies identifying required fire resistance ratings and load bearing capacities.

 4.6 In addition to the requirements of subsection 4.2 of this By-law, where a Permit for part of a Building is desired prior to the issuance of a Permit for the entire Project:

application shall be made and fees paid for the entire Project;

include plans and specifications covering the part of the Work for which more expeditious approval is desired, together with such information pertaining to the remainder of the Work as may be required by the Chief Building Official; and

where a Permit is issued for part of a Building Project, the holder of such Permit may proceed, but the issuance shall not be construed to authorize Work beyond the plans for which the approval was given or as a guarantee that the approval will necessarily be granted for the entire Building or Project.

4.7 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 Section 9 of the Act is requested, the following information shall be provided:

a) a description of the proposed material, system or Building design for which authorization under section 9 of the Act is requested;

b) any applicable provisions of the Building Code; and

c) evidence that the proposed material, system or Building design will provide the level of performance required by the Building Code.

4.8 The Chief Building Official may, where the requirements of this By-law have been met, issue a Permit or a conditional Permit for the Work in question, subject to compliance with the Act, the Building Code and any applicable law.

4.9 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 subsection 4.6 be under any obligation to grant any further Permit or Permits therefore.

4.10 Where an application for a Permit remains inactive for six months after it is made, the application may be deemed by the Chief Building Official to have been abandoned and notice thereof shall be given to the Applicant.

4.11 The Chief Building Official, subject to the provisions outlined in subsection 8(10) of the Act, has the authority to revoke a Permit issued under the Act.

4.12 No application for a Permit shall be received by the Municipality if it is deemed incomplete by the Chief Building Official.

5.0 PLANS AND SPECIFICATIONS

5.1 Every Applicant shall furnish sufficient information with each application for a Permit to enable the Chief Building Official to determine whether or not the proposed Work will conform with the Act, the Building Code and any applicable law including but not limited to all the required items as set out in the Building application checklists which form part of Schedule "C" to this By-law and other pertinent information required by Section 5 of this By-law.

5.2 Plans shall:

include such working drawings as set out in the Building application checklists which form part of Schedule "C" to this By-law unless otherwise specified by the Chief Building Official;

be drawn to scale upon paper or other substantial material;

be legible and durable;

indicate the nature and extent of Work or proposed occupancy in sufficient detail to establish that the completed Work will conform to the Act, the Building Code, and any other applicable law;

The Chief Building Official shall determine the number of plans, specifications, documents and other information required to be furnished with an application for Permit having regard for the requirements of the Act, the Building Code and any applicable laws, regulation or By-law respecting the examination or circulation of the application;

On completion of the construction of a Building, the Chief Building Official may require that a set of As Constructed Plans of a Building or any class of Buildings, including a plan of survey showing the location of the Building, be filed with the Chief Building Official;

Plans and specifications furnished according to this By-law or otherwise required by the Act or Building Code become the property of the Corporation and will be disposed of or retained in accordance with the policies of the Municipality and any applicable laws;

In lieu of separate specifications, the Chief Building Official may allow the essential information to be shown on the plans, but in no case shall such terms as "in accordance with the Act" or "legal", or such similar terms be used as a substitute for specific information;

Without restricting the generality of Section 5, every application for a permit with respect to the construction of a building in whole or in part on the lands as herein defined shall be accompanied by a document prepared, signed and sealed by a professional engineer as herein defined, setting forth the slope stability of the land and the measures to be taken, if any, to minimize the effect of soil movement on the building and its existing or proposed sewage system as the case may be.

a) In this paragraph "Professional Engineer" means a professional engineer as that term is defined the "The Professional Engineer Act", R.S.O., 1990, Chapter

P. 28, holding a certificate issued by the Association of Professional Engineers of the Province of Ontario, and competent in the field of geotechnical investigations and soil testing.

b) In this paragraph "lands" means the area of unstable slopes as defined on Schedule "C" hereto annexed, forming part of this by-law.

5.3 A site plan referenced to a current plan of survey certified by a registered Ontario Land Surveyor and a copy of such a survey shall be filed with the Corporation unless this requirement is waived because the Chief Building Official is able, without having a current plan of survey, to determine whether the proposed work conforms to the Act, the Building Code and any other applicable law. Site plan will include:

a) lot size and dimensions of property;

b) setbacks from existing and proposed buildings to property boundaries and to each other;

c) existing and finished ground levels, grades elevation of bottom or underside of footing and top of foundation, drainage flows and direction, drainage outlet; and

d) existing right-of-way, easements and municipal services;

e) the location, size and capacity of all municipal services where such services are affected by the proposed Work and the size and location of all connections of services to the Building or Buildings and the invert level of the Building or sewer drain. "Services" shall be deemed to include sanitary sewers, storm water sewers, municipal drains, water drains, and electrical power lines. Where permitted, properties serviced by private sewage and water services shall show the location of septic tanks, tile beds, wells and connections to the Building they serve;

f) the existence of any soil condition which may, in any manner, affect the use or safety of the proposed Building or facility.

g) where required by the Chief Building Official or the Road Superintendent, the Applicant shall submit a lot grading plan which shall identify the drainage course and which grades of adjacent land and grades of centre line of the road at each extremity of the said lot for review and approval.

6.0 FEES

6.1 Fees for a required Permit shall be as set out in Schedule ‘A’ attached to and forming part of this By-law and are due and payable at or before the issuance of any class of Permit, unless otherwise specified by the Chief Building Official or appointed designate. Where fees are due and are unpaid, the Chief Building Official may refuse to issue the Permit. For a conditional Permit, the Permit may be paid for the complete Project or for the actual component or part of the Building for which the Permit is issued at the sole discretion of the Chief Building Official.

6.2 In addition to the fees due in accordance with section 6.1 above, each application for a Permit shall also be subject to a fee which is refundable (the "Administration Performance Deposit") as set out in Schedule ‘B’ to this by-law. The Administration Performance Deposit shall be paid at or before the issuance of any class of Permit and shall be in addition to other Permit fees set out in section 6.1. Where a Administration Performance Deposit is due and unpaid, the Chief Building Official may refuse to issue the Permit. The Administration Performance Deposit may be refunded to the Applicant in accordance with the provisions of Schedule "B".

6.3 Permit Fees as set out in Schedule "A" are calculated as either a flat fee or a combination of a minimum flat fee based on a specified floor area plus a graduated fee for a Building whose size exceeds the specified floor area.

6.4 Permit fees and the Administration Performance Deposit shall be calculated by the Chief Building Official or appointed designate.

6.5 Where the fees payable in respect of an application for Work or conditional Permit are based on the floor area of the Building, floor area shall mean the gross floor space of all storeys above grade (or below grade for an underground Building or residence) measured between the exterior faces of the exterior walls of the Building and where there are no walls (i.e. deck), the total area of a floor within the outer perimeter of the floor. For a change of use Permit, the fees shall be based on the floor area of all storeys or floor space which are subject to the change of use.

7.0 REFUND

7.1 In the case of abandonment of all or a portion of the Work or of the non-commencement of any Project, the Chief Building Official shall determine the amount of refund of Permit fees, if any, that may be returned to the Permit Holder, in accordance with subsection 7.2 hereof.

7.2 The fees that may be refunded shall be a percentage of the Permit fees payable under this By-law, as follows:

eighty (80%) percent if application is filed and no processing or review functions have been performed;

seventy (70%) percent if administrative and zoning functions only have been performed;

sixty (60%) percent if administrative zoning and plan examination functions have been performed,

forty (50%) percent if the Permit has been issued and no field inspections have been performed subsequent to Permit issuance.

five (5%) percent shall additionally be deducted for each field inspection that has been performed after the Permit has been issued.

7.3 Despite subsection 7.2 and subject to section 7.4 hereof, no refund shall be made when the amount is calculated to be one hundred dollars ($100.00) or less.

7.4 The fee for the transfer of a Permit is non-refundable.

7.5 Subject to subsection 11.1 hereof, there shall be no refund of Permit fees where a Permit has been revoked.

8.0 REVISION TO PERMIT

8.1 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 change is not to be made without the Chief Building Official’s written authorization.

9.0 RESTRICTED PERMIT FOR A TEMPORARY BUILDING

9.1 A restricted Permit for a temporary Building may be issued by the Chief Building Official authorizing, for a limited time only, the erection and existence of a Building or part thereof.

9.2 A Permit for a temporary Building may be extended provided permission in writing is granted by the Chief Building Official.

10.0 RENEWAL OF PERMIT

10.1 The Chief Building Official may issue a renewal of a Permit, or of a revoked Permit, provided the required fee is paid for such renewal and the plans and specifications are made to comply with all the requirements of the Act, the Building Code and any other applicable law in effect at the time the application for a renewal of Permit is made.

11.0 PERMIT REVOCATION, DEFERRAL OF REVOCATION AND TRANSFER

11.1 Revocation of Permit

a) Prior to revoking a Permit under Clauses 8(10)(b) and (c) of the Act, the Chief Building Official shall give written notice of the intention to revoke 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.

b) Notification under subsection 11.1(a) shall be served either personally or by registered mail. Where notification is by registered mail, it shall be deemed to have been served on the third business day after the date of mailing.

11.2 Deferral of Revocation

a) On receipt of a notice of intention to revoke a Permit under subsections 8(10)(b) and (c), a Permit Holder may request in writing within thirty (30) days from the date thereof that the Chief Building Official defer such revocation of the Permit.

b) A request for deferral shall set out the reasons why the Permit should not be revoked and the date by which the Work will be commenced or resumed.

c) Having considered the circumstances of the request and having determined that there have been no changes to the Act and the Building Code and any other applicable law which would have prevented the issuance of the original Permit, the Chief Building Official may allow a deferral to a prescribed date and shall notify the Permit Holder.

11.3 Transfer of Permit

Permits are transferable only upon the new Owner completing a Permit application pursuant to the requirements of Section 4 of this By-law.

A fee, as prescribed in Schedule "A" 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.

Any fees or monies being held such as, but not limited to, the Administration Performance Deposit, will be deemed to be transferable to the new Permit Holder, without any further notice upon issuing the new Permit.

12.0 NOTIFICATIONS

12.1 With respect to prescribed notices under article 2.4.5.1 of the Building Code, the Permit Holder or their authorized agent shall notify the Chief Building Official or his/her designate that the Work is ready for inspection.

12.2 With respect to notices given as per subsection 12.1 of this By-law, an Inspector shall undertake a site inspection of the Building to which notice relates within the time frame stipulated within article 2.4.5.3 of the Building Code.

12.3 With respect to "additional notices" under article 2.4.5.2 of the Building Code, the Permit Holder or authorized agent shall notify the Chief Building Official with the same notice as per article 2.4.5.3 of the Building Code prior to each stage of Work for which notice in advance is required under the Building Code.

12.4 A notice pursuant to this section is not effective until written or oral notice is received by the Chief Building Official or their designate with such notice to be provided at or to the municipal offices.

13.0 REGISTERED CODE AGENCIES

13.1 The Chief Building Official is authorized to negotiate and execute service agreements with a Registered Code Agency to perform specified functions pursuant to section 4.1 of the Act provided that the Registered Code Agency meets all requirements of the Act and the Building Code and funds are available within the operating budget.

14.0 DOCUMENTS ON SITE

 14.1 During the Work, the Permit Holder shall keep:

a) posted in a conspicuous place on the property in respect to which the Permit was issued, a copy of the Permit or a poster, or placard in lieu thereof and,

b) a copy of the approved drawings and specifications referred to in the application for a Permit, on the property in respect to which the Permit was issued and,

c) a sign, poster or placard that is visible from the street indicating the civic address for the property in respect to which the Permit was issued.

15.0 PRESCRIBED FORMS

15.1 The forms prescribed for use as applications for Permits and administrative matters shall be as set out in Schedule "C" attached to and forming part of this By-law.

16.0 SEVERABILITY

16.1 Should any section, subsection, clause or provision of this By-law be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this By-Law as a whole or any part thereof, other than the part so declared to be invalid.

17.0 OFFENCE

17.1 Any person who contravenes any provisions of this By-law is guilty of an offence as provided for in section 36 of the Act.

18.0 SCHEDULES TO BY-LAW

18.1 Schedules "A", "B" and "C" to this By-law are deemed to form part of this By-law.

Schedules A, B and C

19.0 REPEAL

19.1 By-laws #52-97 and #48-2001, are hereby repealed.

20.0 EFFECTIVE DATE

20.1 This by-law shall come into force and effect on May 15th, 2006.

Read a first, second and third time this 15th day of May, 2006.

Read a third time and passed this 15th day of May 2006.

 

Jean-Yves Lalonde, Mayor 

Diane Thauvette, Clerk-Treasurer