Building By-law 2020-40 Consolidation

1. Short Title

1.1 This By-law may be cited as the “Building By-law”.

2. Definitions 

2.1 In this By-law: 

(a) “Act” means the Building Code Act, 1992, Chapter 23 as amended, replaced or consolidated;

(b) “Applicable  Law”  means  has  the  same  meaning  as  the  terms defined in Article 1.4.1.3 of Division A of the Building Code;

(c) “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;

(d) “architect” has the same meaning as the term as defined in Article 1.4.1.2. of Division A of the Building Code;

(e) “as  constructed  plans”  has  the  same  meaning  as  the  term  as defined in Article 1.4.1.2. of Division A of the Building Code;

(f) “building”  has  the  same  meaning  as  the  term  as  defined  in subsection 1(1) of the Act;

(g) “Building Code” means regulations made under Section 34 of the Ontario Building Code Act, 1992. S.O. Chapter 23 as amended;

(h) “certified model” means plans for a detached, semi-detached, townhouse, row-house, duplex or live/work residential building that will be repeated in a subdivision and includes all optional features and floor layouts;

(i) “Chief Building Official” means the chief building official appointed by Council under section 3 of the Act for the purposes of the enforcement of the Act;

(j) “complete application” means an application that meets the requirements for an application as per Sentence 1.3.1.3 (5) of Division C, Part 1 of the Building Code;

(k) “complete submission” means a submission that meets the requirements set out in Section 4 and 5 of this By-law; 

(l) “conditional permit” means a permit issued under subsection 8(3) of the Act;

(m) “construct” and “construction” have the same meaning as the terms as defined in subsection 1(1) of the Act;

(n) “Council” means the municipal council of the Town;

(o) “demolish” and “demolition” have the same meaning as the terms as defined in subsection 1(1) of the Act;

(p) “designated  structure”  has  the  same  meaning  as  the  term  as defined in Article 1.3.1.1. in Division A of the Building Code;

(q) “form” includes the applicable provincial or municipal forms as set out in Schedule “B” to this By-law;

(r) “homeowner improvement applications” means an alteration, repair, or addition to an existing

dwelling unit;

(s) “house” means a detached house, semi-detached house or row house containing not more than two dwelling units;

(t) “incomplete application” means an application does not comply with Sentence 1.3.1.3.(5) of

Division C Part 1 of the Ontario Building Code;

(u) “incomplete submission” means an application does not comply with Section 4 and Section 5 of this By-law;

(v) “industrial commercial institutional (ICI)” includes alterations, repair, or addition to existing building other than new shell structures;

(w) “infill construction” means new buildings constructed in the space available between existing buildings, structures or any vacant lots in existing subdivisions;

(x) “mandatory maintenance inspection program” means a program established under clause 7(1) (b.2) or subsection 34.(2.2) of the Act;

(y) “OAA” means Ontario Association of Architects;

(z) “owner” means the registered owner of the land and includes a lessee, and mortgagee in possession;

(aa) “PEO” means Professional Engineers of Ontario;

(bb) “partial permit” means a permit issued by the Chief Building Official to construct part of a building.

(cc) “permit” means permission or authorization given in writing or electronically by the Chief Building Official to perform work, to change the use of a building or part thereof, or to occupy a building or part thereof, as regulated by the Building Code Act and Building Code.

(dd) “permit holder” means the owner to whom a permit has been issued or, where a permit has been transferred, the new owner to whom the permit has been transferred;

(ee) “professional  engineer”  has  the  same  meaning  as  the  term  as defined in Article 1.4.1.2. of Division A of the Building Code;

(ff) “registered code agency” means registered code agency as defined in subsection 1(1) of the Act;

(gg) “Town”  means  The  Corporation  of  the  Town  of  Bradford  West Gwillimbury; and

(hh) “work” means construction or demolition or both of a building or part of a building, as the case may be.  

2.2 Terms that are not expressly defined in this By-law shall have the meaning ascribed to them in the Act or the Building Code.

 3. Classes of Permits

Classes of permits for the construction, demolition and change of use of buildings and permit fees shall be as set out in Schedule “A” of this By- law.

 4. Applications for Permits and Required Forms

4.1 An  applicant  for a  permit  shall  file  an  application  in  writing  on  forms approved by the Minister described in Sentence 1.3.1.2(2) of Division C in the Building Code.

4.2 Every permit application that is made under subsection 8(1) of the Act, the application shall be a complete application and contain the following information:

(a) the proposed building, construction or demolition will not contravene any applicable law; 

(b) identify and describe in detail the work, use and occupancy to be covered by the permit for which the application is made;

(c) identify and describe in detail the existing use(s) and the proposed use(s) for which the premises are intended; 

(d) describe the land on which the work is to be done, by a description that will readily identify and locate the site on which the construction, demolition or change of use is to occur;

(e) be accompanied by plans, specifications, documents and other information required by Schedule “B” in this By-law;

(f) be accompanied by the required fees as set out in Schedule “A” to this By-law; 

(g) be  accompanied  by  acceptable  proof  of  corporate  identity  and property ownership, unless such proof is determined by the Chief Building Official to be unnecessary;

(h) state the names, addresses and telephone numbers of the owner, the applicant and where applicable, the qualified architect, professional engineer and designer, and, where  the tender  has been  awarded  or  the  information  is  known,  the  constructor  or person who will carry out the work applied for;           

       (i) when Section 1.2 of Division C of the Building Code applies, a complete application shall
           be accompanied by:

       (i)  a  signed  statement  of  the  owner  on  a  ‘Commitment  to General Review
            by Architect and Engineer’ form that the architect or professional engineer, or both,
            have been retained to carry out the general review of the construction or demolition of
            the building; and 

       (ii) a signed acknowledgement of the architect or professional engineer, or both
            on ‘Commitment to General Review by Architect and Engineer’ form, undertaking to
            provide general review of the construction or demolition of the building;

(j) include, where applicable, the registration number of the builder or vendor as provided in the Ontario New Home Warranties Plan Act, R.S.O. 1990, c. O.31, as amended, replaced or consolidated; 

(k) state estimated valuation of the proposed work including material, labour and related direct costs associated with the work exclusive of the cost of the land; 

(l) state the removal date for all temporary buildings; and 

(m) be signed by the applicant who shall certify as to the truth of the contents of the application; 

(n) the Chief Building Official may accept an incomplete application, if the applicant acknowledges the application does not meet the requirements of 1.3.1.3(5) of the Division C Part 1 of Building Code, and therefore is not subject to the time-frames prescribed in Table 1.3.1.3 of Division C Part 1 of the Building Code.

4.3 In  addition  to  the  requirements  of  Section  4.2  of  this  By-law  every application for a permit to allow the construction of building or part of shall:

(a) be accompanied by the required fee for the entire project with the initial permit application on the project, as calculated in accordance with Schedule “A” to this By-law;

(b) be accompanied by a Site and Grading Plan, if applicable;

(c) be accompanied by a Zoning Compliance Form, if applicable;

(d) pay all applicable fees in accordance with Schedule “A”, for the entire project, in full prior at the time of the submission of the permit application,

(e) not be construed to authorize construction beyond the plans for which  approval  is  given nor that approval will necessarily be granted for the entire building or project where a permit is issued for part of a building or project; and

(f) provide a security deposit for all projects to ensure all construction conforms to the Building Code and drawings approved at time of permit issuance, and compliance with any other applicable law, which may be in the form of a cash, letter of credit, debit or cheque, as follows:

            (i) for industrial, commercial, institutional, multiple residential, ground sign and wall sign
                applications: 10% of the estimated construction   value  for   minimum   of   
                $500.00, up to a maximum of $10,000.00, (Amended by By-law 2020-96) 

            (ii) for infill construction applications: $10,000.00, 

            (iii) for house and farm building applications: 10% of the project value  for  a  minimum                    of $500.00, up to a maximum of $2000.00, and which security deposit may be
                  released once all required inspections have been satisfied and applicable approvals
                  are received by the Building Division, except as follows where any security deposit: 

             (v) for a project that requires a Road Occupancy Permit will not be  released  until  an   
                  approval letter is received by the Building Division from Transportation Services
                  & Asset Management Division, or 

             (vi) for an infill construction project will not be released until all inspections are
                   approved by the Building Inspector, Development Engineering Division, and
                   Transportation Services which may be delayed and in the winter due to weather
                   conditions that will delay required inspections from applicable divisions.

4.4 In addition to the requirements of Section 4.2 of this By-law every permit application that includes demolition, shall:

(a) when Section 1.2 of Division C of the Building Code applies, be accompanied by structural design characteristics  of  the building and the method and time schedule of demolition; and

(b) if potentially posing a danger to adjacent buildings, as determined by  the  Chief  Building Official, be accompanied by, at the sole discretion of the Chief Building Official, an undertaking, proof of liability insurance, and a security, in a form satisfactory to the Chief Building Official, subject to the following requirements:

       (i) the undertaking shall be in favour of the Town from the applicant, contractor and  owner
           of the property on which the building to be demolished is situated and shall indemnify
           and save harmless the Town, and each of its elected officials, employees, officers,
           servants and agents, from and against all actions, suits, claims, executions, proceedings
           and demands, which may be brought against or made upon it or the Town, in respect of
           any costs, expenses, (including, but not limited to, reasonable legal fees) loss, damages
           and injury, including death, arising out of any cause whatsoever (including, but not
           limited to, any negligence, acts or omissions of the applicant, contractor and/or owner
           of the property on which the building to be demolished is situated or those for whom it is
           legally responsible), either direct or indirect, in connection with the subject demolition or
           permit application;

       (ii) the insurance coverage, at the sole cost and expense of the applicant, contractor
            or owner, shall be in the form of a Commercial General Liability Insurance policy,
            which shall include bodily injury liability and property damage liability, completed
            operations liability and contractual liability. Such policy shall be written in an amount of
            not less than FIVE MILLION DOLLARS ($5,000,000) exclusive of interest or costs,
            per occurrence (unless otherwise approved by the Chief Building Official in is sole
            and absolute discretion), but provide limits, and shall include, as additional insured,
            the Town, its elected officials, officers, servants, agents and Chief Building Official.
            The policy shall:
                     (A) have provisions for cross liability and severability of interests as between the
                          Town and the applicant,

                     (B) not  be  terminated,  cancelled  or  materially  altered unless written notice of
                          such termination, cancellation, or material alteration is given by the insurers to
                          the Town, by registered mail, at least thirty (30) days before the effective date
                          thereof, 

                     (C) be with an insurer(s) that has a rating which meets the Town’s policy
                           on insurance, and

                     (D) be  submitted on a certificate of insurance form provided by the Town when
                           the permit application is submitted or prior to the commencement of any work
                           covered by this permit;

        (iii) in addition, the applicant shall be responsible for any and all costs payable below the
              deductible noted under the subject liability policy and the Town reserves the right
              to request such higher limits of insurance or other types of insurance policies
              appropriate to this permit application as the Town may reasonably require;

        (iv) in addition, the applicant for a demolition permit must provide a security deposit to ensure that the demolition contractor or designated site personnel properly seals all private drain connections, properly backfills the foundation excavation and grades the site to the satisfaction of the Chief Building Official, which may be in the form of a cash, letter of credit, debit or cheque, as follows:

                      (A) $2,000.00 for single detached and/or accessory buildings;

                      (B) $10.00 for every square  metre  (or  part  thereof)  of ground floor area, with
                           a minimum of $2,000.00 and a maximum of $10,000.00 for townhouses,
                           apartments, commercial, institutional and industrial type buildings;

                           Any security deposits related to demolition permits that requires a
                           Road Occupancy Permit will not be released until an approval letter is received
                           by the Building Division from Transportation Services & Asset Management
                           Division.

(c) all financial instruments, other than cash, are accepted on behalf of and must be in a form that is satisfactory to the Town Treasurer.

4.5 In addition to the requirements of Section 4.2. of this By-law, every partial permit application for the construction of part of a building shall:

(a) include an application for the entire project and be accompanied by the required full permit fees and additional fees as set out in Schedule ‘A’ to this By-law; 

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

Where a partial permit is issued for part of a building or project, it 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.

4.6 In  addition  to  the  requirements  of  Section  4.2.  of  this  By-law,  every conditional permit application for the construction of a building shall:

            (a) Include an application for entire project and be accompanied by the required full
                 permit fees and additional fees as set up in Schedule ‘A’ to this By-law;

            (b) state the reasons why the applicant believes that unreasonable delays in
                 construction would occur if a conditional permit is not granted; 

            (c) deemed  to  be  an  incomplete  application  as  per  the  definition outlined in this
                 By-law;

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

            (e) enter into agreement with such other persons as the Chief Building Official
                 determines is appropriate under subsection 8(3) of the Act, which agreement the
                 Chief Building Official has the authority to execute on behalf of the Town;

            (f) be accompanied with a letter to the Chief Building Official from the Architect
                 responsible for the project outlining the cost in restoring the  site  to  its  original
                 state. The amount  deemed  shall be  the amount of the security deposit required in
                 the form of a letter of credit or cheque. If the Chief Building Official determines that
                 the subject construction has not been removed or the lands have not been restored
                 to its original state, the letter of credit may be drawn upon in full or in part to restore
                 the lands. Should the Town incur additional costs, the Town shall have a lien on the
                 lands for such amount. Once an application is accepted for processing, the Chief
                 Building Official will determine the security deposit amount. The security deposit will
                 be released once all the condition(s) of the Agreement for a Conditional Building
                 Permit has been met and is satisfactory to the Chief Building Official, and all field
                 reports received are considered acceptable by the Town;

            (g) mean that, once accepted and reviewed, the Chief Building Official may, where the
                 conditions in subsections 8(3) to 8(5) of the Act and Section 4.6 of this By-law have
                 been fulfilled, issue a conditional permit for a building subject to compliance with the
                 Act, the Building Code and any other applicable law; and 

            (h) not be construed to authorize construction beyond the plans for which the approval is
                 given nor that approval will necessarily be granted for the entire building or project
                 where a conditional permit is issued.

4.7 Notwithstanding that no construction is proposed, no person shall change the use of a building or permit the change of use of a building or part thereof, which would result in an increase in hazard as determined by the Building Code, unless a permit has been issued by the Chief Building Official. In addition to the requirements of Section 4.2 of this By-law, every change of use permit application shall:

              (a) describe the building or part thereof in which the occupancy is to be changed; and            

              (b) include  plans  and  specifications  which  show  the  current  and proposed
                   occupancies 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, floor, ceiling and roof assemblies identifying
                   existing, required and proposed fire resistance ratings and load bearing capacities
                   and details of the sewage system, if any.

4.8 In addition to the requirements of 4.2 of this By-law, every application for authorization to occupy an unfinished building under Article 1.3.3.1. of Division C of the Building Code shall: 

             (a) identify and describe in detail the occupancy, the date of such occupancy, and the
                  building or part thereof for which the application for such a permit is made; 

             (b) be accompanied by plans which show the areas of the proposed occupancy; and 

             (c) be accompanied by the required fees as set out in Schedule ‘A’ to this by-law. 

4.9 Notification of any material change to a plan, specification, document or other information on the basis of which the permit was issued may be, or may be required to be, in the form of an application for revision to a permit and the authorization may take, or may be required to take, the form of a revision permit being issued.

4.10 Where an application for a permit remains inactive or incomplete for six (6) months after it is made, the application may be deemed by the Chief Building Official to have been abandoned without further notice to the applicant.

4.11 Where an application for a certified model remains incomplete or inactive for one (1) year after it is made, the application may be deemed by the Chief Building Official to have been abandoned without any further notice given to the applicant.

4.12 Where  an  application  has  been  deemed  to  be  abandoned,  a  new application must be filed for the proposed work. 

5. Plans and Specifications

5.1 Every applicant shall furnish:

            (a) sufficient plans, specifications, documents and other information, as outlined in
                 Schedule “B” to this By-law, to enable the Chief Building Official to determine
                 whether the proposed construction, demolition, or change of use conforms to the Act,
                 the Building Code and any other applicable law; and

            (b) 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 Town 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.

5.2 In addition to the requirements of Section 5.1, plans for new single detached, duplex, semi-detached and freehold townhouse dwellings shall be accompanied by: 

            (a) in the case of land in an unassumed subdivision and in respect of which an accepted
                 area or subdivision grading plan has been filed, with Town:

                       (i) a lot grading plan bearing the signature and seal of the developer’s
                           professional engineer, who is responsible for the overall subdivision grading,
                           certifying thereon that the lot grading plan conforms with the accepted area or
                           subdivision grading plan filed with the Town;

                       (ii) drawings bearing the stamp of approval from the developer’s control
                            architect responsible for the overall subdivision architectural control certifying
                            thereon that the design of the building on the lot conforms with the
                            community design guidelines approved by the Town, for architectural
                            control; and 

             (b) in the case of land in an assumed subdivision or infill lot in respect of which no
                  accepted area or subdivision grading plan has been filed with the Town:

                       (i) 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 thereon that the
                           drainage scheme depicted by the plan will be compatible with the existing
                           drainage pattern which shall also be approved by the Town; and          

                      (ii) drawings as approved by the Town for architectural control.

5.3 With respect to the plans and specifications set out in Section 5.1:

             (a) plans and drawings submitted under Section 5.1(a) of this By-law shall be legible
                  and be drawn to a minimum scale of 1:75 where drawn in metric or 3/16” = 1’-0”
                  where drawn in imperial, upon paper or other suitable and durable material and, in
                  addition, a digital version of the plans drawings, in PDF format, shall be submitted
                  except drawings prepared by the owner; and

             (b) the site plan referred to in Section 5.1(b) of this By-law shall contain sufficient
                  information as prescribed by the Chief Building Official.

5.4 The Chief Building Official shall determine the number of plans, specifications, documents and other information required to be furnished with an application for a permit having regard for the requirements of any act, regulation or by-law (including this By-law) respecting the examination or circulation of the application.

5.5 The Chief Building Official may require additional information to be provided at any time prior to the completion of the work.

5.6 The Chief Building Official may refuse to accept an application if any of the above is deemed to be incomplete or insufficient at time of application.

5.7 Where the Chief Building Official determines that an application is incomplete, the Chief Building Official may commence to process the application if, subject to the acceptance of the Chief Building Official, the applicant acknowledges that the application is incomplete and completes an “Acknowledgement by Applicant of an Incomplete Application” form.

5.8 Where an application for a permit or for authorization to make a material change to the plan, specification, document or other information on the basis of which a permit was issued, proposes an equivalent material, system or building design referred to in the Building Code as an alternative solution is requested, the following information shall be provided on the form as prescribed by the Chief Building Official:

              (a) a description of the proposed material, system or building design for which an
                   alternative solution is requested;

              (b) any  applicable  provisions  of  the  Building  Code,  including  the prescriptive
                   requirement, functional and objective statements; and

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

5.9 On completion of the construction of a building, the Chief Building Official may require a set of as-constructed plans, including a plan of survey showing the location of the building.

Plans and specifications furnished according to this By-law or otherwise required by the Act become the property of the Town and will be disposed of or retained in accordance with relevant legislation.

 6. Alternative Solutions

6.1 Where  an  applicant  seeks  approval  for  an  alternative  solution  that  is proposed to be substituted for an acceptable solution as set out in Division B of the Building Code, the applicant shall submit:

           (a) an “Application for an Alternative Solution” form with the description of the proposed
                alternative solution;

           (b) contact information for the designer(s) of the alternative solution;

           (c) the qualifications of the designer(s) responsible for the proposed alternative solution.
                The designer(s) shall be an Architect or Professional Engineer, as required by Article
                1.2.2.1 of Division C Part 1 of the Building Code, or other designer(s) that is
                acceptable by the Chief Building Official for the Alternative Solution Application As
                outlined in Sentence 1.2.2.1.(1) of Division C Part 1 of the Building Code, If
                construction, including, for greater certainty, enlargement or alteration, of every
                building or part of it described in Table 1.2.2.1 of Division C Part 1 of the Building
                Code, shall be reviewed by an Architect or Professional Engineer or combination of
                both as set up in Column 3 of the Table.

            (d) identification of the prescribed acceptable solutions under Division B of the Building
                 Code for all of the alternative solutions being proposed;

            (e) identification of all assumptions, limiting or restricting factors, special maintenance  
                 and operational requirements of the alternative solutions being proposed, as required
                 by Article 2.1.1.1 of Division C of the Building Code;

            (f) identification of applicable objectives and functional statements in Division A of the
                Building Code;

            (g) an evaluation of the acceptable solution in Division B of the Building Code as
                 compared with the proposed alternative solution;

            (h) supporting documentation to establish that the proposed material, system or building
                 design will provide the same level of performance as the acceptable solution in
                 Division B of the Building Code;

            (i) be accompanied by an administrative fee for alternative solution in accordance with
                Schedule “A” to this By-law; and

            (j) if any alternative solution application(s) require a third party professional review
                as determined by the Chief Building Official, any associated fees for the third party
                review shall be paid by the applicant.

6.2 The Chief Building Official may accept or reject any proposed alternative solution(s) and may impose conditions or limitations on their use for issuance of the permit.

6.3 Alternative solutions that are accepted under this Section shall be applicable only to the location described in the application, and are not transferable to any other permit.

 7. Fire Safety Matters

7.1 The Chief of the Fire Department, as an inspector, shall be responsible for fire safety matters in accordance with Section 1.3.4. of Division C of the Building Code, namely:

            (a) fire alarm and detection systems;

            (b) fire suppression including sprinkler, standpipe and hose systems;

            (c) voice communication systems;

            (d) provisions for firefighting;

            (e) portable fire extinguishers;

            (f) emergency lighting and exit signage;

            (g) fire protection and explosion prevention/venting systems for spaces containing
                 hazardous gases, dusts or liquids and exhaust systems for commercial cooking
                 equipment;

            (h) spray booth operations; and Inspection of electromagnetic locking devices;

            (i) design of hazardous areas; and

            (j) any portion of the Building Code with respect to fire safety matters related to the Fire
                Code.

 8. Fees

8.1 The Chief Building Official shall determine the required fees for the work proposed or for administrative fees calculated in accordance with Schedule “A” of this By-law and the applicant shall pay such fees.

8.2 No permit shall be issued until all fees related thereto have been paid in full by the applicant.

8.3 Upon  written  request  from  the  applicant  or  owner,  the  Chief  Building Official shall determine the amount of fees, if any, that may be refunded in accordance with Schedule “A” of this By-law in the case of:

            (a) withdrawal of an application;  

            (b) incomplete or inactive of an application pursuant to Section 4 of this By-law; 

            (c) refusal to issue a permit; and

            (d) request for revocation of a permit pursuant to clause 8(10)(e) of the Act.

8.4 Where construction has commenced prior to the issuance of a permit and an order to comply is issued, an administrative fee and an additional 100% of the permit fee, in accordance with Schedule “A”, to a maximum of  $10,000.00 shall apply and  shall be payable upon  submitting building permit application.

8.5 An additional inspection fee as set out in Schedule “A” shall apply and must be paid prior to each inspection being undertaken on any building where:

            (a) more than two  (2) inspections  are  required  due to  construction being incomplete
                 or not in compliance with the Building Code;  

            (b) a building is occupied before the notice required under section 11 of the Act was
                given to the Chief Building Official; and

            (c) an inspection is requested to confirm that outstanding items have been completed or
                 corrected in respect of a deficient permit.

8.6 If  new,  additional  or  revised  information  is  submitted  for  a  permit application which applies to some or all of the permit which has already been reviewed, the greater of the “Minimum Fee” outlined in Schedule “A”, or additional review time spent, measured to the nearest whole hour, multiplied by the “Hourly Fee” shall be charged. This is to compensate the Town   for   additional   work   and   expense   in   plan   examination  and inspections.

8.7 The fees listed in Schedule “A” shall be adjusted annually on January 1 in accordance with the most recent twelve (12) months change in the Statistic Canada Quarterly Construction Price Index when such data represents an increase.

8.8 At least once every (3) years, the Building Department is to review the charges and fees under Schedule A and status and forecast of the Bill 124 Reserve for applicability and appropriateness, and recommend amendments as necessary in accordance with the regulations of the Building Code Act and the Ontario Building Code.

8.9 If Mandatory Sewage System Maintenance program fees are in arrears, the Town may add the Mandatory Sewage System Maintenance program fees to the tax roll for any property which all of the registered owners are responsible for paying. The fees will be collected in the same manner as municipal taxes with additional costs incurred to the lot.

 9. Revocation of Permit

9.1 Prior to revoking a permit under subsection 8(10) of the Act, the Chief Building Official may serve the permit holder with or cause the permit holder to be  served with  written  notice of  the  intention to  revoke the permit.

9.2 Notice provided under Section 9.1 of this By-law may be served either by personal service or by mailing the notice by email or by regular mail addressed to the permit holder, at the last address the permit holder has communicated to the Chief Building Official in writing. Where notice is served by regular mail, the permit holder shall be conclusively deemed for all purposes to have been served with the notice on the fifth day after the day of mailing.

9.3 If on the expiration of thirty (30) days from the date of service of the notice of intention to revoke a permit, the ground for revocation continues to exist, the Chief Building Official may revoke the permit without further notice to the permit holder.

9.4 Upon  revocation  of  a  permit,  the  Chief  Building  Official  has  the  sole discretion to dispose of any plans or any other information submitted with the permit application, or to return same to the permit holder.

 10. Deferral of Revocation 

10.1 A permit holder may, within thirty (30) days from the date of notice of intention to revoke a permit, if provided, request the Chief Building Official in writing to defer the revocation of the permit.

10.2 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.

10.3 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 date to be determined by the Chief Building Official and shall notify the permit holder of the decision.

10.4 A request for deferral of revocation shall be accompanied by the required fee as set out in Schedule “A” of this By-law.

 11. Transfer of Permit

11.1 Permits may not be transferred without the approval of the Chief Building Official, whose determination shall be made in his or her sole and absolute discretion and whose decision is final.

11.2 To transfer a permit, the new owner must complete and submit an application in accordance with the requirements of Section 4 of this By-law.

11.3 Upon the transfer of a permit by the Chief Building Official, the new owner shall be deemed to be the permit holder for the purposes of the Act, the Building Code and this By-law.

11.4 The fee set out in Schedule “A” of this By-law shall be payable on a transfer of permit to the new owner. 

12. Notifications

12.1 The permit holder or an authorized agent shall notify the Chief Building Official of the prescribed notices under Article 1.3.5.1 of Division C of the Building Code and every additional notice under Article 1.3.5.2. of Division C of the Building Code, with the exception of Clause 1.3.5.2(1)(g) of Division C, at least two (2) business days prior to each stage of construction.

12.2 A notice pursuant to this Section is not effective until written or oral notice is received by the Chief Building Official.

12.3 Upon completion of construction of the foundation for a single detached, duplex, semi-detached and townhouse dwelling, a survey prepared by an Ontario Land Surveyor shall be forthwith submitted to the Chief Building Official.

13. Fencing - Construction Sites

13.1 Where a construction or demolition site presents a hazard to the public, the owner of the construction or demolition site shall ensure that the construction or demolition site is suitably fenced to prevent public access onto the construction or demolition site.

13.2 If fencing has not been provided in accordance with Section 13.1 of this By-law and, if in the opinion of the Chief Building Official, the construction or demolition site presents a particular hazard to the public, the Chief Building Official may require the owner to erect such fencing as he or she deems appropriate to the circumstances such as described in the section 8.2 of the National Building Code.

13.3 In considering the hazard presented by a construction or demolition site and the necessary fencing, the Chief Building Official shall have regard for:

            (a) the  proximity  of  the  construction  or  demolition  site  to  occupied dwellings;

            (b) the proximity of the construction or demolition site to lands accessible to the public, including but
                 not limited to streets, parks and commercial and institutional activities;

            (c) the hazards presented by the construction or demolition activities and materials;

            (d) the feasibility and effectiveness of site fencing; and

            (e) the duration of the hazard. 

14. Registered Code Agencies 

14.1 Pursuant to subsection 4.1(3) of the Act and Section 3.7 of Division C of the Building Code, the Chief Building Official is authorized to enter into service agreements with registered code agencies and appoint them to perform one or more of the specified functions described in section 15.15 of the Act.

15. Interpretation 

15.1 If a court of competent jurisdiction declares to be invalid, unenforceable, illegal or beyond the powers of Council to enact, any provisions or parts of any provisions of this By-law, it is the intention of Council in enacting this By-law that the remainder of this By-law shall be deemed to be separate and independent there from and that the remainder of this By-law shall continue in force and be applied and enforced in accordance with its terms to the fullest extent possible according to law.

15.2 Any  reference  to  a  statute,  regulation,  by-law  or  other  legislation  or statutory instrument in this By-law shall include such statute, regulation, by-law or other legislation or provision thereof as amended, revised, re- enacted and/or consolidated from time to time and any successor legislation thereto.

 16. Offence

16.1 Every person who contravenes any of the provisions of this By-law or who:

            (a) knowingly furnishes false information in any application under this Act, in any
                 certificate required to be issued or in any statement or return required to be
                 furnished under this Act or the regulations;

            (b) fails to comply with an order, direction or other requirement made under this Act;

            (c) contravenes this Act, the Building Code; and

            (d) is guilty of an offence and upon conviction is liable to a fine as provided for in section
                 36 of the Act.

16.2 In addition, every director or officer of a corporation who knowingly concurs in the furnishing of false information, the failure to comply or a contravention under Section 15.1 is guilty of an offence.

17. Schedules 

17.1 Schedules “A”, “B” and “C” are attached to and form an integral part of this By-law.

18. Enforcement 

18.1 This By-law shall be administered and enforced by the  Chief Building Official and any person so designated or otherwise appointed to enforce the Act, the Building Code or the provisions of this By-law.

19. Repeal

19.1 By-law 2019-31 and the amending By-law 2019-107 are hereby repealed in their entirety.

20. Force and Effect and Transition 

20.1 This By-law shall come into force and take effect upon the day of the passing thereof.

Enacted this 5th day of May, 2020.

Original copy signed                              Original copy signed

Rebecca Murphy, Clerk                           Rob Keffer, Mayor

 Schedule “A” - Classes of Permits and Fees (Reference By-law No. 2020-40)

1.       Calculation of Permit Fees (All fees are exempted from HST)

             (a) Permit fees shall be calculated based on the formula given below, unless otherwise

                  specified in this schedule:

                  Permit Fee (rounded to the nearest dollar) = SI x A
                  Where: SI = Service Index for Classification of the work proposed and, A = Floor
                  area in square meters of work involved.

              (b) Floor area is measured to the outer face of exterior walls and to the centre of party
                   walls or demising walls, except when calculating interior partition work, and shall
                   include all levels of the building.

              (c) In calculating floor area for interior finishes, partitioning, corridors, lobbies,
                   washrooms, lounges, etc. are to be included and classified according to the major
                   occupancy classification for the floor area with which they are associated. Where
                   any of these areas are constructed in a shell only building, fees shall be calculated
                   at the finished rate in 3(A).

              (d) No deductions shall be allowed for floor openings required for such facilities as
                   stairs, elevators, escalators, shafts and ducts. Interconnected floor spaces and
                   atriums above their lowest level may be deducted from the calculated floor area.

              (e) Where they serve  single  dwelling  units,  no additional fee applies for decks,
                   fireplaces, unfinished basements, plumbing fixtures and attached garages proposed
                   and constructed at the same time as the single dwelling they serve.

              (f) No additional fee applies for sprinklers, fire alarms, electromagnetic locks, or other
                   mechanical systems or equipment proposed and installed at the same time as the
                   construction they serve.

              (g) No additional fee applies to a roof-like structure projecting from the exterior face of
                   the building proposed and constructed at the same time as the building.

              (h) For interior partitioning, floor areas used for the calculation of fees shall be the
                   lesser of:

                        (i) the area contained within a rectangle encompassing the partitions being
                            erected; 

                        (ii) the actual area of the tenant space; but in no case shall be less than 50m2   

                        (iii) the occupancy classifications used in this By-law  are  based  on  the
                              Building Code major occupancy classifications. For mixed occupancy floor
                              areas, the fee multiplier for the major occupancy of the floor area applies.

             (i) Where a change of occupancy from one classification to another classification is
                  proposed, the fee multiplier for the proposed occupancy applies.

             (j) For classes of permits not described in this Schedule, the Chief Building Official shall
                 determine reasonable permit fee. 

2.      Administration Fees

Minimum administration fee for a permit shall be as follows, in accordance with Sections 6.1 and 8.4 of the By-law:

• $100.00 for zoning verification (Amended by By-law 2020-96)

• $500.00 for orders issued by inspector with exception to fire restoration orders

• $1000.00 for alternative solution application
  

3.       2023 Permit Fees (Amended by By-law 2023-50)

Fees will be adjusted annually in accordance with Section 8.7 of the Building By-law 2020-40

See Ontario Building Code Appendix A – A-3.1.2.1 for list of Major Occupancy Classifications

• Acknowledgement by applicant of an incomplete application

• Agent Authorization Form

• Alternative Solution

• Applicable Law Checklist

• Application for a Certified Model

• Application for a Conditional Permit

• Application for a permit to construct or demolish and associated schedules

• Application for a Permit: Transfer of Permit/Change of Use

• Backflow Prevention Device Test Report

• Commitment to General Review by Architect and Engineer

• Deferral of Revocation

• Demolition Pre-Permit Clearances

• Energy Efficiency Design Summary

• Flow Control Roof Drainage Declaration

• Grading Review Requirement Form

• Municipal Address Application

• Notice of Date of Completion of Building

• Notice of Revocation

• Occupancy Permit

• Parking Calculation Worksheet

• Plumbing Data Worksheet

• Prescribed Notices for Inspections

• Re-inspection Fee Request

• Request to Occupy an Unfinished Building

• Review Form for Roof Truss & Engineered Floor/Roof Layout

• Septic System Statement of Design

• Statutory Declaration

• Water/ Sewer Service Allocation Request Form

• Zoning Compliance Form