By-law #41-2024 (Building By-law - respecting building permits and inspections)

Armour, Ontario · No. 41-2024 · adopted 2024-07-09 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 2e5e718bfbfb · verified 2026-09-25 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Page 1 of 12 THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF ARMOUR BY-LAW # 41-2024 Being a By-law respecting building permits and inspections; and to repeal By-law #6-2023 WHEREAS the Building Code Act, 1992, S.O. 1992, c. 23 as amended, empowers Council to pass certain by-laws respecting building permits and inspections; NOW THEREFORE The Municipal Corporation of the Township of Armour enacts as a by-law as follows; THAT building permits will be required for the construction, erection, alteration, repair, removal, relocation and the change of use of all buildings or structures within the Township of Armour, that the building permits will be required for plumbing installations not included in the complete building package and would include but not be limited to additions and major repairs; that all permits issued by the Chief Building Official (CBO) shall comply with the provisions of the Official Plan and requirements of the Zoning By- law, that all permits will be issued by the CBO and all inspections will be performed by the CBO or Building Inspector for the Township of Armour in accordance with this By- law and the Ontario Building Code. 1. SECTION 1 - SHORT TITLE 1.1 This By-law may be cited as the "Building By-law" 2. SECTION 2 - DEFINITIONS 2.1 In this By-law, 2.1.1 "Act" means the Building Code Act, 1992, as amended, including amendments thereto. 2.1.2 "As Constructed Plans" means as defined in the Building Code. 2.1.3 "Building" means as defined in Section 1. (1) of the Act. 2.1.4 "Building Code" means the Regulations made under Section 34 of the Building Code Act. 2.1.5 "CBO "means the Chief Building Official appointed by the By-law of The Municipal Corporation of the Township of Armour for the purposes of enforcement of the Act, the Building Code and the Building By-law. 2.1.6 "Corporation" means The Municipal Corporation of the Township of Armour. 2.1.7 "Farm Building" means as defined in the Building Code. 2.1.8 "House" means a detached house, semi-detached or row house containing not more than two dwelling units. 2.1.9 "Permit" means written permission or written authorization from the CBO to perform work regulated by this By-Law, the Act and the Building Code. 2.1.10 "Plumbing" means as defined in Section 1 (1) of the Act. 2.1.11 "Permit File Maintenance Fee" means a fee charged when a request is made for an inspection of a permit that has been issued for more than 18 months. Page 2 of 12 2.1.12 "Special Inspection" means an inspection that is requested and carried out not in connection with a permit, at the discretion of the Chief Building Official. 2.1.13 "Annual Permit Maintenance Fee - Non-Refundable" means a fee charged annually for permits that have been issued, and have not passed a Final Inspection within 18 months from the date of permit issuance. 2.1.14 "Construction Revision" means revised drawings required as a result of inspection revealing construction that has not been carried out in accordance with the permit drawings. 2.1.15 "Dormant Building Permit Review" means a review by the Chief Building Official or his designate of a dormant building permit file. 2.1.16 "Dormant Building Permit" means a building permit that has been issued for more than 18 months, and has not had any inspection requested or carried out in the past 12 months. 2.1.17 "Permit Revision Drawings" mean drawings that are submitted for review and an amendment to the permit drawings as per Subsection (12) of the Building Code Act. 2.1.18 "Plumbing" means plumbing as defined in Section 1(1) of the Building Code Act. 2.1.19 "Re-inspection" means an inspection that is required due to the work subject to inspection not being completed at the time of the original request for inspection. 2.1.20 "Remedy Unsafe Permit" means a permit that has become necessary due to a building being determined to be unsafe by the Chief Building Official. 2.1.21 "Sewage System" means a sewage system as defined in the Building Code. 3. SECTION 3 - CLASSES OF PERMITS 3.1 Classes of permits with respect to construction, renovation, demolition, and change of use of buildings shall be set out in Schedule "A" to this By-law. 4. SECTION 4 - REQUIREMENTS FOR APPLICATIONS 4.1 All building permit submissions are now required to be submitted through the municipal online portal known as Cloudpermit unless permission is given to submit a paper-based application. A link to Cloudpermit is on the municipal website. Each paper application for a permit shall, unless otherwise specified by the Chief Building Official, be accompanied by two (2) sets of the plans, specifications and other documents which the municipality will use to convert your paper-based submission to digital, and enter the application and supporting documents into Cloudpermit. Only one copy is required if submitted through Cloudpermit. Should the applicant request to provide a paper-based permit submission, a fee as outlined in the User Fees and Services Charges By-law will be charged. 4.2 All applications shall include a statement, signed by the property owner, setting out the purpose for which the building permit is intended. 4.3. Where application is made for a building permit under subsection 8(1) of the Act, the application shall: 4.3.1 Identify and describe in detail the work and the occupancy to be covered by the permit for which application is made. Page 3 of 12 4.3.2 Describe the land on which the work is to be done, by a description that will readily identify and locate the building lot. 4.3.3 Include a minimum of two sets of complete plans and specifications for the work to be covered by the permit and show the occupancy of all parts of the building. 4.3.4 State the valuation of the proposed work including materials and labour and be accompanied by the required fee. 4.3.5 State the names, addresses and telephone numbers of the owner and of the architect or engineer, where applicable, or another designer or contractor. 4.3.6 Be accompanied by a written acknowledgment of the owner that he has retained an architect or professional engineer to carry out the field review of the construction where required by the Building Code and, 4.3.7 Be signed by the owner or his or her authorized agent who shall certify the truth of the contents of the application. 4.4 The prescribed forms for permits in class 1,2,3,4,5,6,7,8,9,10 and 11 may include but not be limited to: (a) an application (b) a site plan (c) building plans or drawings including (i) floor plans (ii) cross section (iii) elevation drawings (d) certificate of approval for septic system (e) entrance permit (f) civic address property identification number 4.5 Where an application is made for a demolition permit, under subsection 8.1 of the Building Code Act, the owner or agent shall file an application in writing on a municipal form. 4.6 Where an application is made for a change of use, subsection 10(1) of the Building Code Act, of an existing building, the application shall: (a) describe the building in which the occupancy is to be changed, by a description that will readily identify and locate the building; (b) identify and describe in detail the current and proposed occupancies of the building or part of a building for which the application is made with sufficient information to establish compliance with the requirements of the Building Code; (c) be signed by the owner of the property who shall certify the truth on the contents of the application. 4.7 Where an application is made for plumbing permit, class 12 permit, the application shall include: (a) an application (b) drawings (i) for a drainage system, existing and proposed addition or repairs; (ii) for venting systems, proposed addition or existing and repairs; (iii) for a water system, proposed addition or existing and repairs; (iv) for sewage system, proposed addition or existing and repairs; 4.8 Alternative Solutions The person proposing an alternative solution shall provide the documentation required by Section 2.1 DIV C of the Ontario Building Code. Page 4 of 12 4.9 Revisions to Plans 4.9.1 Where drawings, specifications or other documentation is submitted as a request for change on a permit already issued, a review of the change must be performed by the Chief Building Official and written authorization given prior to the change taking place at the project site. 4.9.2 The processing of the supplementary/altered information is subject to a revision fee which is specified in the User Fees and Services Charges By-law. 4.10 Review of Permits 4.10.1 Whereas Div. C, 1.3.1.3. of the Building Code specifies time periods for processing a complete application, if during review of an application, it is found to be incomplete or found to contravene applicable law, the Chief Building Official will advise the applicant and give the reasons in writing for the determination. 4.10.2 If an application has been found to be incomplete or contravenes applicable law, review of the application will be suspended and is no longer subject to the time periods set out in the Building Code. 4.10.3 Where 4.10.1 above has been applied, review of an application will be resumed when all of the required documentation has been provided which corrects the deficiency identified within the context above, and the re-submission fee has been paid. 4.11 Revocation of Permits In accordance with Section 8. (10), subject to section 25 of the Act, CBO may revoke a permit issued under this Act; a) if it was issued on mistaken, false or incorrect information; b) if, after six months after its issuance, the construction or demolition in respect of which it was issued has not, in the opinion of the CBO, been seriously commenced; c) if the construction or demolition of the building is, in the opinion of the CBO, substantially suspended or discontinued for a period of more than one year; d) if it was issued in error; e) if the holder requests in writing that it be revoked; f) if a term of the agreement under clause (3)c (Conditional Permits) has not been complied with Building Code Act, 1992, S.O. 1992, c. 23, s8 (10). 5. SECTION 5 - TRANSFER OF PERMITS 5.1 If land changes ownership after a building permit has been issued, a building permit may be transferred to the new owner for a fee in accordance with the Township of Armour's User Fees and Services Charges By-law. 5.2 When a building permit is transferred, the new owner assumes all responsibility and may be required to provide additional information and, if necessary, proof of engagement of a design professional. 5.3 Legibility All plans submitted must be legible and drawn to scale upon paper or other suitable and durable material. 6 SECTION 6 - PLANS & SPECIFICATIONS 6.1 Sufficient information shall be submitted with each application for a permit to enable the CBO to determine whether or not the proposed construction, demolition or change of use will conform with the Act, the Building Code and any other applicable law. Page 5 of 12 6.2 Plans vary depending on the type of construction and may require all or any part of the following: (a) the site plan sketch (b) floor plans (c) foundation plans (d) framing plans (e) roof plans (f) sections and details (g) building elevations (h) electrical drawings (i) heating, ventilation and air conditioning drawings (j) plumbing drawings (k) sewage system (l) storm water management plan (m) shoreline rehabilitation plan (n) site alteration rehabilitation plan (o) environmental impact / site assessment plan 7. SECTION 7 - SITE PLAN DRAWINGS 7.1 Site plan drawings shall be referenced to an up-to-date survey, if available. New surveys will only be required when needed to demonstrate compliance with the Act, the Building Code, the Municipal Zoning By-law or any other applicable law. Waterfront development shall require a site plan drawing by an Ontario Land Surveyor. Required Format for All Ontario Land Surveyor Drawings 1. Format: PDF files scaled to print 11" x 17" 2. Scale: Maximum - 1:200 Minimum - 1:1,000 3. All Site Plan drawings shall have both a linear sale and a graphical (bar) scale in both metric and imperial units. 4. Key Plan: (scale 1:50,000) showing: i) Location of the property in relation to: - major roads, laneways and waterfront - adjacent properties showing constructed features - natural drainage ii) Adjacent property owned by the applicant or in which the applicant has a monetary interest iii) North Arrow 5. Title Block showing: i) Name and location of the subject development with a north arrow ii) Owners name ii) Title of the drawing iv) Name of the company / person who prepared the drawing v) Linear and graphical (bar) scales - both required vi) Date the drawing was prepared 6. Revisions Block showing: i) Dates of all revisions made to the drawing 7. Signature Block with space reserved for Engineer (P.Eng.), Architect(OAA), Landscape Architect (OALA) or Planner (RPP/CIP) stamps if required. 8. Site summary chart including the following information: i) Total site area (includes waterfront development) ii) Total ground floor area iii) % of site to be covered by buildings (includes waterfront development) iv) % of site to be landscaped v) Total number of parking spaces required by the Zoning -By-law vi) Total number of parking spaces provided vii) Total number of units, if applicable viii) Site density (net/gross), if applicable 7.2 Verification by an Ontario Land Surveyor of by-law compliance may be required before proceeding past foundation state, if required by the CBO. 7.3 Site plan drawings shall show: Page 6 of 12 a) lot size and dimensions of property lines b) existing buildings and setbacks from property lines c) proposed buildings and set back from property lines d) existing and finished ground levels or grades, drainage patterns and storm water outlets e) flood plain areas f) existing rights-of-way or easements 7.4 Additional site plan requirements for waterfront development (see also Armour Official Plan 2.2.17) a) For all new development, a natural vegetative buffer of not less than 15 m. (49.2 ft.) in depth along the designated shoreline or watercourse with a landscaped corridor not greater than 9 m (29.5 ft.) in width for access between any proposed development and the shoreline. Council may require that a professional competent in shoreline landscaping be engaged to prepare a shoreline vegetation management plan suitable for conserving and sustaining the natural environment. b) Location of dockage, boat houses, fuel storage areas, and beach / swimming areas. c) Exact location of the normal highwater mark and the Regulatory Flood Elevation, including the finished floor level (if available) defined by MNRF as required in Section 2.3 of the Armour Township Official Plan. d) Flood proofing plans if required by the Chief Building Official in accordance with Appendix 6 of the Ministry of Natural Resources & Forestry Technical Guide: River and Stream Systems: Flooding Hazard Limit. e) Where deemed necessary, a soils report which identifies site soil characteristics including soil type, depth, leaching characteristics, depth to water table, and mitigation measures for any soil deficiency related to a proposed use. The soils report may also address slope stability and erosion concerns based on the nature of the proposal and existing site conditions. f) Where deemed necessary, a groundwater or surface water quality impact study which shows the impact of the proposed use on water quality and how this impact can be effectively minimized. g) Where deemed necessary, a fisheries habitat assessment of the existing shoreline or stream with recommendations on how the existing habitat conditions can be preserved and/or enhanced. h) Where deemed necessary, a screening plan showing how the proposed uses will be screened from view or how the existing aesthetic landscape of the waterfront will be preserved or enhanced; - That a private well for an individual on-site water service can be located without danger of contamination by any on-site or off-site sewage system; and/or - That suitable conditions exist for an individual on-site sewage disposal system. 8. SECTION 8 - FIRE ACCESS ROUTE CONSIDERATION 8.1 The Design of all required fire access routes shall be completed by the qualified designer of the project. All fire access routes shall be designed in conformance with Part 3 of the Ontario Building Code (including Part 9 buildings of the Ontario Building Code) unless an exemption is noted below. The following is a general outline of the requirements for access route, however all projects are subject to the municipality's approval. Additional requirements may be required based on an individual project basis. 8.1.1 The design of a fire access route for residential buildings shall be in accordance with Part 3 of the Ontario Building Code, if the project consists of more than 3 dwelling units or the route of travel from the road way to the building exceeding 400' in length. Sprinklers shall be considered as an alternative solution when Part 3 access routes requirements cannot be met. 8.1.2 The fire access route for Part 9 buildings that are serviced shall be provided to a building face in accordance with Part 3 of the Ontario Page 7 of 12 Building Code. An access opening in accordance with Part 9 can be used as the principal entryway when designing the fire access route. Location of existing fire hydrants must be indicated and considered in the design. 8.1.3 The fire access route for Part 9 buildings located in the rural areas shall be to a building face with an access opening in accordance with Part 3 of the Ontario Building Code. Part 3 water supply requirements maybe omitted, unless multi-residential units are incorporated into the design. Water availability from neighboring properties can be used provided that legal access is presented to the town. 9. SECTION 9 - PAYMENT OF FEES 9.1 Fees for a required permit shall be as set out in the current Township of Armour's Fee By-law. 9.2 Any owner who commences construction without first obtaining and posting a building permit shall be charged double the fee and also is liable to the penalties provided by the Ontario Building Code Act. 9.3 Where the fees payable in respect of an application for a construction permit are based on a floor area, floor area shall mean the total space of all storeys above grade (or below grade for an underground home) measured as the horizontal area between the exterior walls of the building. 9.4 Where the fees payable in respect of an application for a construction permit are based on the cost of valuation of the proposed work shall mean the total costs of all work regulated by the permit including the cost of all material, labour, equipment, overhead and professional and related services. 9.5 The permit fees paid are for the review of the permit documents, creation and maintenance of the permit file and the required inspections if completed within 18 months of the permit issuance. If the project remains incomplete or the required inspections have not been requested and carried out within the 18 months, a "Annual Maintenance Fee" fee will apply. 9.6 Re-Inspection Fee: Where an inspector attends to a building site in response to a Notice given by a Permit Holder under 1.3.5.1. Division C or 1.3.5.2. Division C of the Ontario Building Code, and the construction is not ready for inspection, a re-inspection fee will be charged and be payable prior to an inspector re-attending the site. 9.7 Revised Plans Review - Existing Permits Fee: This fee will apply for existing building permits in which revised plans are re- submitted. 9.8 Annual Permit Maintenance Fee: Building permits issued after the date of the passing of this By-law will be subject to an annual fee as identified in the User Fees and Services Charges By-law if the works for which a permit was issued does not pass a Final Inspection within 18 months from the date of permit issuance. Any unpaid portion of the permit maintenance fee will then be added to the owner's property tax roll. 9.9 Permit File Maintenance Fee: When a request is made for an inspection of a permit that has been issued for more than 18 months and has not passed a Final Inspection, a Permit File Maintenance Fee will be charged and be payable prior to an inspector attending the site. 10. SECTION 10 - REFUNDS 10.1 In the case of withdrawal of an application or the 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 Schedule "B" attached to and forming part Page 8 of 12 of this By-law. Application for refund must be made within 6 months of the date of permit application in order to be eligible for a refund of any permit fees. 11. SECTION 11 - POSTING OF PERMITS 11.1 All permits are required to be posted in a location that is visible from the road on the property in respect of which the permit was issued. 12. SECTION 12 - NOTICE REQUIREMENTS FOR INSPECTIONS 12.1 The owner or an authorized agent shall notify the Chief Building Official at least two (2) Municipal Office business days prior to each stage of construction for which notice in advance is required under the Building Code. In addition to the prescribed notice contained in 1.2.5.1. DIV C of the Building Code, notice of any solid fueled fire appliance rough-in 1.3.5.2.(1)(c) is also required. Notice of completion is also required in accordance with subsection 11(2) of the Building Code Act. 12.2 Notice shall be given in one of the following ways: 1. Preferred - Online through the Building Department's Cloudpermit inspection request portal. 2. Phone message given to the Township of Armour Building Department at (705) 382 - 3332 ext. 102. 3. E-mail to [email protected]. 4. In person at the Township of Armour Building Department Counter. 12.3 Notice must include the permit number, name of person requesting the inspection, type of inspection requested, civic address of property and name of owner. A contact number must be provided if you wish to receive confirmation of receipt of your request or for a contact number for the inspector. The drawings and specifications approved by the Township of Armour must be on site at the time if the requested inspection. 12.4 Inspections may be required for any or all, but is not limited to, the following stages: a) Footings b) Backfill c) Underslab Plumbing d) Plumbing Rough-In e) Insulation f) Mechanical Rough-In g) Framing h) Air Barrier i) Fire Protection j) Fire Access Routes k) Solid Fuel Fired Appliances l) Plumbing Final m) HVAC Final n) Occupancy o) Final 12.5 Occupancy and Completion of a Building In addition to the regulations of Subsection 11. (1) of the Building Code Act which provide that no person shall occupy or use, or permit to be occupied or used, any building newly erected or renovated until notice of the date of this completion is given to the Chief Building Official (as per Div. C, 1.3.3.1 (1) of the Building Code), the following requirements must also be fulfilled: a) An inspection request is made and approved pursuant to such notice as outlined in Subsection 14.1 of this by-law. b) The occupancy inspection took place as requested and was deemed to be complete. Page 9 of 12 c) There has been prior compliance with any order made by the Chief Building Official pursuant to the provisions of this by-law or Order of the Building Code Act or regulations. 12.6 Final Inspections are required prior to closing a building permit. They may be in conjunction with or subsequent to a required occupancy permit. 12.7 It is the responsibility of the owner of the property to request a final inspection (once all other inspections have been completed and passed) on all projects at the time of substantial completion. 12.8 Should there be any changes at any time to the Building Code Act which creates a conflict with the requirements stated; the Act shall supersede this by- law. 13. SECTION 13 - AS CONSTRUCTED PLANS 13.1 On completion of the construction of a building, or part of a building, the Chief Building Official may require a set of "as constructed" plans, including a plan of survey showing the location and confirming the elevation of the building. 14. SECTION 14 - ABANDONED APPLICATIONS 14.1 An application for a Permit is considered to have been abandoned by the Applicant where: (a) the application is incomplete and remains incomplete six months after it was submitted; or, (b) the application is complete, a Permit is available to be issued, and six months have elapsed from the date upon which the municipality e-mailed notification of the Permit availability to the Applicant's address shown on the application. 14.2 Significant Progress In regards to all buildings, significant progress shall be shown on a project within one (1) year from date of issuance of the permit and in the following two (2) years, or the permit may be revoked at the discretion of the Chief Building Official. Should there be any changes at any time to the Building Code Act which would create a conflict with the time periods states, the Act shall supersede this By-law (as per 35. (1) of the Act). 15. SECTION 15 - TOWNSHIP PROPERTY 15.1 Plans and specifications furnished according to this By-law or otherwise required by the Act become the property of the Township and will be retained in accordance with relevant legislation. 16. SECTION 16 - ENFORCEMENT 16.1 This By-law shall be enforced on a complaint basis and pursuant to the provisions of Section 15 of The Ontario Building Code Act, as amended. 17. SECTION 17 - PENALTIES 17.1 Any person who fails to comply with an order issued pursuant to this By-law is guilty of an offence and, upon conviction, is subject to a penalty provided by the Building Code Act and/or the Provincial Offences Act. 18. SECTION 18 - POWER OF MUNICIPALITY TO REPAIR OR DEMOLISH 18.1 Where an owner or occupant of the property fails to take such steps as may be necessary to bring the property into compliance with this By-law, the Municipality, or a person acting on its behalf, shall: Page 10 of 12 a) have the right to enter upon the property to affect such repairs, clean-up, demolition or other remedial steps as may be required to bring the property into compliance with the standards herein and neither the Municipality, not anyone acting on its behalf shall be liable to compensate the owner, occupant or any other persons by reason of anything done by or on behalf of the Municipality in the reasonable exercise of these powers; and b) shall have a lien on the property for the amount spent by, or on behalf of the Municipality in accordance with this By-law, together an administration fee of 10% of the amount spent, and the total amount shall have priority lien status as described in section1 of the Municipal Act, 2001, S.O. 2001, c. 25. 19. SECTION 19 - REPEAL CLAUSE 19.1 By-Law #6-2023 of The Municipal Corporation of the Township of Armour is hereby repealed. 20. SECTION 20 - ENACTMENT 20.1 That this by-law shall come into force and effect on the date of passing. Read in its entirety, approved, signed and the seal of the Corporation affixed thereto and finally passed in open Council this 9th day of July, 2024. Original signed by Rod Ward Rod Ward, Mayor Original signed by John Theriault John Theriault, Clerk Page 11 of 12 THE MUNICIPAL CORPORATION OF THE TOWNSHIP OFARMOUR SCHEDULE "A" OF BY-LAW #41-2024 Classes of permits Classes of Permits Description 1. A permit for the construction or addition of a building or structure within the meaning of the Act and the Code and which use is intended for human habitation. Residential Single or first storey Upper storeys or 1 ½ or 2 storeys 2. A permit for the construction of foundation/basements under existing buildings. Residential Foundations/basements under existing buildings 3. A permit for the construction of a guest sleeping cabin without service and enclosed additions to trailers. Residential 4. A permit for the construction of a guest sleeping cabin with services. Residential 5. A permit for the construction of a garage, attached or detached. Garages/Boat House 6. A permit for the construction or addition of a building or structure within the meaning of the Act and the Code and which use is intended to compliment the main residential use. Storage/Sheds/ Docks/Porches/Decks/ Fire Places/ Swimming Pools 7. A permit to alter, repair, renovate or do a material alteration to a building or structure within the meaning of the Act and the Code. Minor Repairs Major Repairs - to be determined by CBO 8. A permit to demolish a building or structure or a material part thereof within the meaning of the Act and the Code. 9. A permit to change the use of an existing building or structure even though no construction is proposed. From Residential 10. A permit for construction or addition of a farm building other than for human habitation. Barn Drive Shed 11. A permit for the construction or addition of a building or structure within the meaning of the Act and the Code and which use is intended for commercial, industrial or institutional. Complete Structure Shell Only 12. A permit for plumbing installations, inside and outside, not included in a complete building package and would include but not be limited to additions and major repairs. 13. Re-inspection due to incomplete work or uncorrected deficiencies. Page 12 of 12 THE MUNICIPAL CORPORATION OF THE TOWNSHIP OFARMOUR SCHEDULE "B" OF BY-LAW #41-2024 Refunds Status of Permit Application Percentage of Fee Eligible for Refund 1. Application filed. 75% maximum No processing of review of plans submitted. 2. Application filed. 50% maximum Plans reviewed and permit issued/denied NOTE: 1. No refunds after any building inspections are carried out. 2. No refund shall result in the retention by the Township of Armour of an amount less than $100.00. 3. No refund will be given when application for refund is not made within (6) months of issuance of permits. A request for refund must be made in writing.