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CORPORATION OF THE TOWNSHIP OF ADMASTON/BROMLEY
By-Law No. 2017-25
Being a By-Law to regulate the erection and provide for the safety
of buildings, to provide for the issuing of building, demolition,
change of use permits, for the carrying out of inspections of buildings,
the approving of plans of all buildings to be erected, setting of fees
and the prescribing of forms for such.
WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, c. 23 as amended
authorizes Councils of municipalities to pass by-laws establishing regulations pertaining
to the construction and/or demolition of buildings and the issuing of permits to govern the
same;
NOW THEREFORE the Council of the Corporation of the Township of
Admaston/Bromley enacts as follows:
PART 1. Short Title
1.1 This by-law may be cited as "The Building By-Law".
PART 2. Definitions
2.1 "Act" means the Ontario Building Code Act, 1992, as amended.
2.2 "Applicant" means the owner of a building or property who applies for a permit of
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(s) and anyone acting under the authority of such person or corporation.
2.3 "Building Code" shall mean the Ontario Building Code and subsequent
amendments thereto.
2.4 "Corporation, The" means The Corporation of the Township of
Admaston/Bromley.
2.5 "Officer" means the Chief Building Official appointed by Council.
2.6 "Owner" means the registered owner of the land and includes a lessee, mortgagee
in possession, and the person in charge of the property.
2.7 "Permit" means permission or authorization given in writing by the Officer to
perform work regulated by the Act and the Building Code, or to occupy a building
or part thereof.
2.7 "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.
Terms not defined in this by-law shall have the meaning ascribed to them in the Act
or the Building Code.
PART 3. Classes of Permits
3.1 Classes of permits required for construction/demolition/sewage system or change of
use are set forth in Schedule "A" appended to and forming part of this by-law.
3.2 Class of permits will be defined as per use of construction.
The Building By-Law
2
PART 4. Permits
4.1 To obtain a permit, an applicant shall file an application in writing on forms
prescribed by and available from the municipal office or the Officer, and shall
supply any other information relating to the application as required by the Officer.
4.2 Every building permit shall;
(i)
Identify and describe in detail the work, use and occupancy to be covered by
the permit for which the application is made;
(ii) Identify and describe in detail the existing uses and the proposed use(s) for
which the proposed premises are intended;
(iii) 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 building or demolition is to
occur;
(iv) Be accompanied by plans, specifications and documentation as described in
the by-law;
(v)
Be accompanied by the required fees as calculated in accordance with
Schedule "A";
(vi) State the names, addresses and telephone numbers of the owner, applicant,
architect, engineer or other designer, sewage system installer, constructor, or
person hired to carry out the demolition, as the case may be;
(vii) When Section 2.3 of the Building Code applies, be accompanied by a signed
acknowledgment of the owner on a form prescribed by the Officer that an
architect or professional engineer, or both, have been retained to carry out the
general review of the construction or demolition of the building;
(viii) When Section 2.3 of the Building Code applies, be accompanied by a signed
statement of the architect or professional engineer, or both, on a form
prescribed by the Officer, undertaking to provide general review of the
construction or demolition of the building ;
(ix) Include, where applicable, the registration number of the builder or vendor as
provided in the Ontario New Home Warranties Plan Act; the registration
number of the sewage system installer or the registration number of the
H.V.A.C.C. Installer (Heater, Ventilation, Air Conditioning) as the case may
be;
(x)
State the estimated valuation of the proposed work including materials and
labour;
(xi) Be signed by the applicant who shall certify as to the truth of the contents of
the application;
4.3 In addition to the requirements of Part 4.2 above, every demolition permit
application shall:
(i)
When Section 2.3 of the Building Code applies, be accompanied by structural
design characteristics of the building and the method and time schedule of the
demolition.
(ii) Be accompanied by satisfactory proof that arrangements have been made with
the proper authorities for the termination and capping of all water, sewer, gas,
electric, telephone or other utilities and services.
The Building By-Law
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4.4 In addition to the requirements of Part 4.2 above, every construction permit
application for part of a building shall:
(i)
Include an application for the entire project,
(ii) 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 Officer.
4.5
In addition to the requirements of Part 4.2 above, every conditional permit
application shall:
(i)
State the reason why the applicant believes that unreasonable delays would
occur if a conditional permit is not granted;
(ii) State necessary approvals which must be obtained in respect of the proposed
building and time in which such approvals will be obtained;
(iii) Agree in writing with The Corporation to comply with Section 8(3) of the Act.
4.6 In addition to the requirements of Part 4.2 above, every change of use permit
application shall:
(i)
Describe the building or part thereof in which the occupancy is to be changed;
(ii) Include plans and specifications which show the current and proposed
occupancy of all parts of the building, and which contain sufficient
information to establish compliance with the requirements of the Act
including, floor plans, details of wall, floor and roof assemblies identifying
required fire resistance rating, and load bearing capacities.
4.7 In addition to the requirements of Part 4.2 above, every sewage system permit
application shall:
(i)
State the name, address, telephone number and license number of the Certified
Sewage System Installer involved with the project;
(ii) Include a site plan and specifications, drawn to scale and showing:
(a)
The true dimensions of the lot,
(b)
The location of all existing and proposed buildings and structures on the
lot,
(c)
The proposed location, elevation and dimensions of the sewage system,
(d)
Dimensions to the nearest wells, water courses and other sewage
systems of adjoining lots.
4.8 The Officer may, where conditions in Part 4.4 above have been fulfilled, issue a
permit for part of a building subject to compliance with the Act, the Building Code
and any applicable law.
4.9 The Officer may, where conditions in subsection 8(3) to 8(5) of the Act and Part 4.5
above have been fulfilled, issue a conditional permit for a building subject to
compliance with the Act, Building Code and any applicable law.
4.10 The Officer shall not, by reason of the issuance of a permit(s) for a part(s) of the
building issued under Parts 4.4 and 4.5 be under any obligation to grant any further
permit(s).
4.11 Where an application for a permit remains incomplete or inactive for six (6) months
after it is made, the application may be deemed by the Officer to have been
abandoned and notice thereof shall be given to the applicant.
The Building By-Law
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PART 5. Plans and Specifications
5.1 Every applicant shall furnish:
(i)
Two (2) complete sets of sufficient plans, specifications, documents and other
information to enable the Officer to determine whether the proposed
application conforms to the Act and the Building Code.
(ii) A site plan referenced to a current plan of survey certified by a registered
Ontario Land Surveyor and a copy of such survey shall be filed with the
municipality unless this requirement is waived because the Officer 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.
The site plan will include:
(a)
Lot size and dimensions of property,
(b)
Setbacks from existing and proposed buildings to lot line/ property
boundaries and to each other,
(c)
Existing and finished ground levels or grades,
(d)
Rights of ways, easements, septic systems, wells and municipal services
existing and proposed.
5.2 Plans submitted shall be legible and be drawn to scale upon paper or other suitable
durable material.
5.3 Copies of the building permit, provided by the Officer to the applicant, shall be
posted by the applicant in a location that is visible and conspicuous from the road or
right of way providing access to the property and from bodies of water, where the
work described on the permit is to take place.
5.4 On completion of the construction of a building, the Officer may require a set of as
constructed plans, including a building location survey.
5.5 Plans and specifications furnished according to this by-law or otherwise required by
the Act will be disposed of or retained in accordance with relevant legislation.
PART 6. Fees
6.1 The Officer shall determine the required fees calculated in accordance with
Schedule "A" for the work proposed and the applicant shall pay such fees. No
permit shall be issued until the fees have been paid in full.
6.2 All permit fees for permit applications received after construction has begun shall
be subject to twice the permit fee, except as permitted in Part 4.5 above.
6.3 Upon written request, the Officer shall determine the amount of fees, if any, that
may be refunded in accordance with Schedule "A" in the case of:
(i)
Withdrawal of an application,
(ii) Abandonment of an application pursuant to Part 4.11 above,
(iii) Refusal to issue a permit,
(iv) Request for revocation of a permit pursuant to clause 9(10)e of the Act,
(v)
There shall be no refund of permit fees where a permit has been revoked.
The Building By-Law
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PART 7. Permit Revocation, Deferral or Revocation and Transfer
7.1 Revocation of Permit
(i)
Prior to revoking a permit under Clauses 8 (10) (b) and (c) of the Act, the
Officer shall give written notice of the intention to revoke to the permit holder
at the applicant's 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.
7.2 Deferral of Revocation
(i)
On receipt of a notice of intention to revoke a permit, a permit holder may
request in writing within thirty (30) days from the date thereof the Officer to
defer the revocation of such permit.
(ii) A request for deferral shall set out the reasons why the permit should not be
revoked and the date by which the construction will be commenced or
resumed.
(iii) 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
applicable law, which would have prevented the issuance of the original
permit, the Officer may allow a deferral to a prescribed date, and shall notify
the permit holder.
7.3 Transfer of Permit
(i)
Permits are transferable only upon the new owner completing a permit
application to the requirements of Part 4.
PART 8. Notifications
8.1 Notices for inspections respecting stages of construction required by the Building
Code shall be given by the permit holder to the Officer at least two (2) business
days in advance of each stage of construction specified therein, notwithstanding
sewage systems, which is five (5) days.
8.2 A notice pursuant to this part is not effective until written or oral notice is received
by the Officer.
PART 9. Severability
9.1 If any part of this by-law shall be held void such part shall be deemed severable and
the invalidity thereof shall not affect the remaining parts of this by law.
PART 10. Conflicts
10.1 Wherever a standard established by the by-law differs from a standard in relation to
the same matter established by any other item of legislation in force in The
Corporation, the standard that provides the higher degree of protection for the
health, safety and welfare of the occupants and the general public shall prevail.
PART 11. Enforcement
This by-law shall be enforced by the Officer.
The Building By-Law
6
Part 12. Penalties
12.1 Any person who contravenes any provisions of this by-law is guilty of an offense as
provided for in Section 36 of the Building Code Act, as amended.
12.2 Refer to Part 6.2 of this by-law, or Section 3 in Schedule "A".
12.3 Interfere, hinder or molest any Officer in the performance of any duty required in
accordance with this by-law is an offence.
PART 13. Repeals
13.1
The following by-laws and their amendments thereto are hereby repealed:
Township of Admaston/Bromley By-Law Number 2004-42
Read a first and second time this 20th day of April 2017
Read a third time and finally passed this 20th day of April 2017
Mayor
Clerk-Treasurer
The Building By-Law
7
Township of Admaston/Bromley Building By-Law
Schedule "A"
SECTION 1. Building Permit Fees
1.1
Residential Buildings including additions and private garages $ .35 per sq. ft.
1.2
Sundecks/Porches
$100.00
1.3
Accessory Buildings
$ .35 per sq. ft.- $100.00 minimum
1.4
Alterations and Renovations
$100.00
1.5
Swimming Pools/Hot Tubs
$100.00
1.6
Outdoor Wood Burning Furnaces
$100.00
1.7
Farm Building excluding house & garage
$ .20 per sq. ft.- $100.00 minimum
1.8
Carports
$100.00
1.9
Commercial & Industrial Construction
$ .50 per sq. ft.
1.10
Tower (over 100')
$2.00 per foot
1.11
Demolition of Building
$100.00
1.12
Occupancy Permit
$100.00
1.13
Cancellation of Permit
80% Refund at application stage
60% Refund if Permit is issued
SECTION 2. Sewage System Fees
Sewage System Fees for upgrade, new or replacement shall be as follows:
2.1
Class 2 system (grey-water)
$200.00
2.2
Class 3 system (cesspool)
$200.00
2.3
Class 4 system (leaching bed, filter bed)
$400.00
2.4
Class 5 system (holding tank)
$400.00 ***
2.5
An engineered designed system
$250.00
2.6
Replacement of tank and/or up to 10 ft. of weepers $100.00
2.7
Outdoor Washrooms
$100.00
***Class 5 system - a signed agreement with licensed pumper will be required.
SECTION 3. Inspection and Comments Fees
For inspections and comments relating to sewage systems and applications under the
Planning Act, the fees shall be as follows:
3.1
Consents
$100.00 for each lot to be severed
3.2
Minor Variance
$25.00
3.3
Plan of Subdivision review
$75.00
3.4
Administration Charge
$50.00
(If a previous permit issued, it must be revoked and a new permit issued.)
SECTION 4. Building/Sewage Permits or Any Part Thereof
4.1 Anyone commencing construction prior to the assignment of a permit shall be
subject to payment of a double fee - 2 times the rate as set out in the above fees.