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By-Law 62-2024 Building By-Law
THE CORPORATION OF THE TOWNSHIP OF
ASHFIELD-COLBORNE-WAWANOSH
BY-LAW NUMBER 62-2024: Building By-Law
BEING A BY-LAW to regulate the erection, alteration, construction, and demolition of
various types of structures within the Township of Ashfield-Colborne-Wawanosh.
WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, c. 23 as amended, empowers
a council to pass certain by-laws respecting construction, demolition, change of use
permits and inspections.
AND WHEREAS section 35 of the Building Code Act, 1992, S.O. 1992 c. 23, as amended,
provides that the Building Code Act, 1992 and the Building Code, O. Reg 332/12, as
amended, supersede all municipal by-laws respecting the construction or demolition of
buildings.
AND WHEREAS subsection 3(1) of the Building Code Act, 1992, S.O. 1992, c. 23, as
amended, provides that the council of each municipality is responsible for the
enforcement of the Building Code Act, 1992 in the municipality, except as otherwise
provided in the Act.
AND WHEREAS subsection 3(2) of the Building Code Act, 1992, S.O. 1992 c. 23, as
amended, provides that the council of each municipality shall appoint a Chief Building
Official and such inspectors as are necessary for the enforcement of the Building Code
Act, 1992 in the areas in which the municipality has authority.
NOW THEREFORE the Council of the Corporation of the Township of Ashfield-Colborne-
Wawanosh ENACTS as follows.
SHORT TITLE
This by-law may be cited as the "Building By-law"
Part 1
DEFINITIONS
1.1 Words or terms not defined in this By-law shall have the meaning ascribed to them in
the Act or the Building Code.
1.2 In this By-law.
"Act" means the Building Code Act, 1992, S.O. 1992, c.23, as may be amended from time
to time.
"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, including
but not limited to the Architect, Professional Engineer, contractor, and/or builder, as may
be defined in the Building Code.
--TOWNSHIP OF--
ASHFIELD-COLBORNE-WAWANOSH
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By-Law 62-2024 Building By-Law
"As Constructed Plans" means as constructed plans as defined in Div. A, Section 1.4.1.2.
of the Building Code, O. Reg 332/12, as amended.
"Building" means a structure as defined in Section 1(1) of the Act.
"Building Code" or "OBC" means the regulations made under Section 34 of the Act, being
O. Reg 332/12, as amended.
"Chief Building Official" means a chief building official or acting chief building official
appointed by by-law of the Corporation of the Township of Ashfield-Colborne-Wawanosh
for the purpose of enforcement of the Act.
"Construct" means to do anything in the erection, installation, extension or material
alteration or repair of a building and includes the installation of a building unit fabricated
or moved from elsewhere, and "construction" has a corresponding meaning.
"Corporation" means the Corporation of the Township of Ashfield-Colborne-Wawanosh.
"Demolish" means to do anything in the removal of a building or and material part
thereof, and "demolition" has a corresponding meaning.
"Electronic Submission" means the filing of an application for permit or alternative
solution, including all required forms, documents, and drawings, submitted through an
electronic means approved by the Chief Building Official.
"Farm Building" means a farm building as defined in Div. A, Section 1.4.1.2 of the
Building Code.
"Inspectors" means an inspector appointed by by-law of the Corporation of the
Township of Ashfield-Colborne-Wawanosh for the purpose of enforcement of the Act.
"Occupancy Permit" means a permit authorizing occupation of a building or part of a
building prior to its completion as set out in Div. C, Section 1.3.3. of the Building Code.
"Owner" means the registered owner of a property and includes a lessee, a mortgagee
in possession, and any person who proves to the satisfaction of the Chief Building Official
that they are the authorized agent of the owner of the property.
"Partial Permit" means a permit issued by the Chief Building Official to construct part
of a building:
"Permit" means written permission or written authorization from the Chief Building
Official to perform work regulated by this By-law and Act, or change the use of a building
or part of a building or parts thereof or, in the case of an occupancy permit, to occupy a
building or part of a building or parts thereof.
"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.
"Plumbing" means plumbing as defined in Section 1(1) of the Act.
"Regulations" means the regulations made under the Act being O. Reg 332/12, as
amended.
"Sewage System" means a sewage system as defined in Div. A, Section 1.4.1.2 of the
Building Code.
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By-Law 62-2024 Building By-Law
"Township" means the Township of Ashfield-Colborne-Wawanosh.
"Zoning" shall mean the zoning regulations established by the Township of Ashfield-
Colborne-Wawanosh.
Part 3
PERMITS
3.1 Classes of Permits
Classes of permits required for any stage of construction, demolition, change of use, or
occupancy of a building, or part of it shall be set out in Schedule "A" of this By-Law.
3.2 Application for Permit
To obtain a permit, an applicant shall file an application electronically or in writing on
forms prescribed by the Province of Ontario and available from the Chief Building Official
or
from
the
Ministry
of
Municipal
Affairs
and
Housing
website,
https://www.ontario.ca/page/ministry-municipal-affairs-housing, and supply any other
information relating to the application, as required by the Chief Building Official.
Every application for a permit shall be submitted to the Chief Building Official.
3.3 Construction Permits
3.3.1 Where an application is made for a Construction Permit under 8(1) of the Act the
Applicant shall:
1) use the provincial application form, "Application for a Permit to Construct
or Demolish."
2) include complete plans and specifications, documents, and other
information as required by Div. C, Section 1.3.1.3.(5) of the Building Code
and as prescribed in this By-law for the work to be covered by the permit;
and,
3) provide a completed Commitment for General Review by Architect and
Engineer form where a building is required to be designed by an Architect
or a Professional Engineer under Div. C Section 1.2.1. of the Building Code.
3.4 Demolition Permits
3.4.1 Where an application is made for a Demolition Permit under 8(1) of the Act, the
Applicant shall:
1) use the provincial application form, "Application for a Permit to Construct
or Demolish;" and
2) include complete plans and specifications, documents, and other
information as required by Div. C, Section 1.3.1.1.(3) and Div. C, Section
1.3.1.3.(5) of the Building Code and as prescribed in this By-law for the work
to be covered by the permit.
3.5 Conditional Permits
3.5.1 Where an application is made for a Conditional Permit under 8(3) of the Act, the
Applicant shall:
1) use the provincial application form, "Application for a Permit to Construct
or Demolish"
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By-Law 62-2024 Building By-Law
2) include complete plans and specifications, documents, and other
information as required by Div. C, Section 1.3.1.3.(5) of the Building Code
and as prescribed in this By-law for the work to be covered by the permit.
3) provide a completed Commitment for General Review by Architect and
Engineer form where a building is required to be designed by an Architect
or a Professional Engineer under Div. C Section 1.2.1. of the Building Code.
4) state the reasons why the applicant believes that unreasonable delays in
construction would occur if a conditional permit was not granted.
5) state the necessary approvals which must be obtained in respect of the
proposed building and the time in which such approvals will be obtained.
6) state the time in which plans, and specifications of the complete building
will be filed with the Chief Building Official; and
7) be subject to the applicant entering into an agreement as provided for in
Section 8(3) of the Act.
3.6 Change of Use Permits
3.6.1 Where an application is made for a Change of Use Permit under section 10(1) of
the Act, the Applicant shall:
1) use the provincial application form, "Application for a Permit to Construct
or Demolish."
2) describe the building in which the occupancy is to be changed, by a
description that will readily identify and locate the building.
3) identify and describe in detail the current and proposed occupancies of the
building or part of the building for which the application is made.
4) include complete plans and specifications showing the current and
proposed occupancy of all parts of the building, and which contain sufficient
information to establish compliance with the requirements of the Building
Code, including floor plans, details of wall, ceiling and roof assemblies
identifying required fire resistance ratings and load bearing capacities.
5) state the name, address, and telephone number of the Owner; and
6) be signed by the Owner or their authorized agent who shall certify the truth
of the contents of the application.
3.7
Partial Permits
3.7.1 A Partial Building Permit may be issued under section 8(1) of the Act where:
1) to expedite work, approval of a portion of the building or project is desired
prior to the issuance of a permit for the complete building or project and
where the construction authorized by the permit complies with the Act,
Building Code, and other applicable law.
2) the required information to issue the permit will be determined by and to
the satisfaction of the Chief Building Official.
3) a Partial Permit is requested the full building or project application is
deemed to be incomplete; and
4) a permit is issued for part of a building or project, such permit shall not be
construed to authorize construction beyond the plans for which approval
was given nor that approval will necessarily be granted for the entire
building or project.
3.8
Occupancy Permits
3.8.1 Buildings described in Div. C, section 1.3.3.1. (1) of the OBC:
An occupancy permit for buildings described in Div. C, section 1.3.3.1.(1) of the
OBC, other than dwelling units, including additions and renovations to those
buildings, shall be issued where the Chief Building Official has determined that the
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By-Law 62-2024 Building By-Law
requirements for occupancy in Div. C, section 1.3.3.1.(2) of the OBC have been met
and has authorized the occupancy of the building or part thereof.
3.8.2 New residential buildings described in Div. C, article 1.3.3.4 of the OBC:
An occupancy permit for new residential buildings described in Div. C, article
1.3.3.4. of the OBC, including detached, semidetached and most townhomes, shall
be issued where the Chief Building Official has determined that the requirements
for occupancy in Div. C, section 1.3.3.4.(3) of the OBC have been
met and has authorized the occupancy of the building or part thereof.
3.8.3 Buildings described in Div. C, article 1.3.3.5. of the OBC:
An occupancy permit for buildings described in Div. C, article 1.3.3.5. of the OBC
shall be issued where the Chief Building Official has determined that the
requirements for occupancy in Div. C, section 1.3.3.5.(3) of the OBC have been met
and has authorized the occupancy of the building or part thereof.
3.8.4 Non-refundable fee:
Each occupancy permit shall be accompanied by a non-refundable fee as
stipulated in Schedule "A" of this By-law.
3.9
Sewage System Permits
3.9.1 Where an application is made for a Sewage Permit under section 8(1) of the Act the
applicant shall:
1) Use the provincial application form, "Application for a Permit to Construct
or Demolish."
2) Include plans, specifications, forms, documents, and other information as
may be required by Div. C section 1.3.1.3(5), of the Building Code, as
amended and as prescribed in this By-law for the work to be covered by the
permit.
3) A site evaluation, which shall include all the following items unless
otherwise specified by the Chief Building Official:
a) The date the evaluation was done.
b) Name, address, telephone number and signature of the person who
prepared the evaluation.
c) A scaled map of the site showing:
a. The legal description, lot size, property dimensions existing
rights-of-way, easements, or municipal corridors.
b. The location and clearance of items listed in Article 8.2.1.5 and
8.2.1.6. of Building Code, as amended.
c. The location of the proposed sewage system.
d. The location of any unsuitable, disturbed, or compacted areas.
e. Proposed access routes for system maintenance.
f. Depth of bedrock.
g. Depth to zones of soil saturation
h. Soil properties, including soil permeability; and
i.
Soil conditions, including potential of flooding.
Part 4
SUBMISSION REQUIREMENTS
4.1 Plans and Specifications
4.1.1 Sufficient information shall be submitted with each application for a permit to
enable the Chief Building Official to determine whether the proposed construction,
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By-Law 62-2024 Building By-Law
demolition, change of use, etc. will conform with the Act, the Building Code and
applicable law.
4.1.2 Each application shall, unless otherwise specified by the Chief Building Official, be:
1) an electronic submission which includes a complete set of plans,
documents and specifications as described by this By-law and Schedule "B"
attached to this By-law; or
2) accompanied by one complete set of plans, documents and specifications
as described by this By-law and Schedule "B" attached to this By-law.
4.1.3 An electronic submission shall be made in a Portable Document Format (PDF).
Plans, specifications, documents, and other information are to be legible when
printed to scale. Drawings shall be a minimum size of 8.5" x 11" and shall be
complete, fully dimensioned and to scale.
4.1.4 Plans described in section 4.1.2(2) of this By-law shall be drawn to scale on paper
or other durable material and legible. Drawings shall be a maximum size of 11" x
17" and shall be complete and fully dimensioned.
4.1.5 Site plans shall be referenced to an up-to-date survey, and when required by the
Chief Building Official to demonstrate compliance with the Act, the Building Code,
or other applicable law, a copy of the survey shall be submitted to the Chief
Building Official. Site plans shall show:
1) rights-of-way, easements, and municipal services.
2) lot size and the dimension of property lines and setbacks to any existing or
proposed buildings; and
3) existing and proposed finished ground levels.
4.1.6 A surveyor's certificate, prepared by a registered Ontario Land Surveyor, when
required by the Chief Building Official, shall be submitted, and approved prior to
commencement of the framing or above grade portion, and shall show the location
of the foundation or foundations on the lot. Elevations for the top of foundation(s)
may be required.
4.1.7 On completion of the construction of a building, part of a building, or lot grading
and drainage the Chief Building Official may require a set of as constructed plans
including a plan of survey prepared and certified by an Ontario Land Surveyor
showing the location of the building.
4.2
Alternative Solutions
4.2.1 Where a proposed material, system or building design differs from the "acceptable
solution" in Division B of the OBC, then it is treated as an "alternative solution." The
following information shall be provided to the Chief Building Official in support of
the alternative solution:
1) a description of the proposed material, system or building design for which
an alternative solution is requested:
2) documentation that the alternative solution will achieve the level of
performance required by the applicable acceptable solutions in Division B
of the OBC in respect to the objectives and the functional statements
attributed to the applicable acceptable solutions in MMA Supplementary
Standard SA-1, as stipulated in Div. A, section 1.2.1.1(1)(b) of the OBC.
3) documentation described in Div. C, article 2.1.1.1. and such other
information or documentation as may be required by the Chief Building
Official; and
4) each application for consideration of an alternative solution shall be
accompanied by a fee as stipulated in Schedule "A" of this By-law.
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4.3 Revisions to Permit
4.3.1 Where there is material or system change during construction and/or to the plans,
specifications, documents, or other information based on which a permit was
issued, the Owner or authorized agent is required under Section 8(12) of the Act to
notify the Chief Building Official and shall submit the following:
1) the prescribed form; and
2) revised plans and specifications illustrating the changes, including all
supporting documentation as may be requested by the Chief Building
Official.
4.4
Discretion of Chief Building Official
4.4.1 The Chief Building Official may waive the requirements of Part 4 of this By-law or
Schedule "B" attached to this By-law with respect to any applications. Where the
Chief Building Official exercises his/her discretion as set out in this section, the
requirements of this By-law are deemed to be modified accordingly.
Part 5
PERMIT ABANDONMENT, TRANSFER, CANCELLATION, AND REVOCATION
5
5.1
Inactive Permit Application
5.1.1 Where an application for permit remains incomplete or inactive for six months
after it is made, the application may be deemed by the Chief Building Official to
have been abandoned. Once the Chief Building Official deems an application to be
abandoned, it may be cancelled, and a new application will be required for the
proposed work.
5.2
Transfer of Permit Application and Permit
5.2.1 Where the ownership of land changes after a permit application has been
submitted and the fees paid or where a permit has been issued, the applicant for
the permit or the person to whom the permit was issued, may submit a request to
the Chief Building Official requesting a transfer of the permit application and fees
or the permit as identified in Section 7(1)(h) of the Act by submitting the following:
1) the name and address of the person to whom the permit application and
fees or the permit are to be transferred.
2) the name and address of any contractors that have changed from those
listed on the permit application or permit.
3) the name and address of Architect(s) and Professional Engineer(s)
responsible for the design and field review of construction that have
changed from those listed on the permit application or permit.
4) the names and addresses of the previous and new Owner and the date the
change in ownership took place; and
5) shall be accompanied by a fee as stipulated in Schedule "A" of this By-law.
5.2.2 The new Owner shall, upon transfer of a permit, be the permit holder for the
purpose of the Act and the Building Code.
5.3
Cancellation of Permit
5.3.1 A permit holder of an issued permit can submit a request in writing to the Chief
Building Official to cancel a permit where no substantial work has been performed.
The Chief Building Official, after considering the implication of cancelling a permit,
may agree to cancel the permit as requested. The Chief Building Official may
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By-Law 62-2024 Building By-Law
impose conditions for the cancelling of a permit. Fees shall be refunded in
accordance with this By-law.
5.4
Revocation of Permit
5.4.1 Prior to revoking a permit under Section 8(10) of the Act, the Chief Building Official
may serve a notice by personal service, electronic service, or registered mail at the
last known address of the permit holder.
5.4.2 A permit holder may, within 10 business days from the date of service of a notice
under this part, request in writing that the Chief Building Official defer the
revocation by stating reasons why the permit should not be revoked. The Chief
Building Official having regard to any changes to the Act, Building Code, or other
applicable law may allow the deferral in writing.
Part 6
FEES AND REFUNDS
6
6.1
Fees
6.1.1 Fees for a required permit shall be set out in Schedule "A" of this By-law.
6.1.2 No permit shall be issued until the fees are paid in full.
6.1.3 Where the Applicant for a building permit requests a conditional permit, the fees
shall be paid for the complete project.
6.1.4 The Chief Building Official shall determine permit fees not described or included in
Schedule "A" of this By-law.
6.1.5 Where the Applicant for a building permit or other permit makes material changes
to plans, specifications, or calculations after submission for approval, the Chief
Building Official may increase the required permit fee or fees and require payment
of such increased fee before the applications for permit, permits, or approvals are
issued.
6.2
Refunds
6.2.1 Where there is a written request for a refund of permit fees paid, the Chief Building
Official shall determine the amount of fees to be refunded in accordance with
Schedule "C" attached to this By-law.
6.2.2 Notwithstanding 6.2 of this By-law, no refund shall be given where the amount is
less than $100.00.
Part 7
NOTICE REQUIREMENTS FOR INSPECTION
7
7.1
General Requirements
7.1.1 The permit holder shall notify the Chief Building Official of each stage of
construction for which a mandatory notice is required under Div. C, article 1.3.5.1.
of the Building Code. The permit holder shall provide the notice of completion as
prescribed by Section 11 of the Act, or where occupancy is required prior to
completion, notice of inspection to ensure that the requirements of Section 11 of
the Act and Div. C, article 1.3.3. of the Building Code are complied with.
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By-Law 62-2024 Building By-Law
7.1.2 A notice pursuant to this part of the By-law is not effective until received by the
Chief Building Official.
7.1.3 Upon receipt of proper notice, the inspector shall undertake a site inspection of
the building to which the notice relates in accordance with the time periods stated
in Div. C, article 1.3.5.3. of the OBC and Section 11 of the Act.
Part 8
REGISTERED CODE AGENCIES
8
8.1
General Requirements
8.1.1 The Chief Building Official is authorized to enter into and sign contracts and service
agreements with Registered Code Agencies, as defined in the Act, and appoint
them to perform one or more of the specified functions described in Section 15.15
of the Act
8.1.2 Registered Code Agencies shall be used only during work overloads and for
specialized projects.
Part 9
FENCING
9
9.1
General Requirements
9.1.1 Construction fencing shall be provided around a demolition or construction site
that presents a hazard to the public.
9.1.2 Construction fencing shall.
1) create a continuous barrier to deter unauthorized entry.
2) have a height not less than 1.2m.
3) be maintained in a vertical plane in good repair; and
4) have all openings closed when the site is unattended.
Part 10
ENFORCEMENT - OFFENCES
10.1. Offences - No person shall:
10.1.1. Construct a building or sewage system without a permit contrary to Section 8(1)
of the Act.
10.1.2. Cause construction of a building or sewage system without a permit contrary to
Section 8(1) of the Act.
10.1.3. Demolish a building without a permit contrary to Section 8(1) of the Act.
10.1.4. Cause demolition of a building without a permit contrary to Section 8(1) of the
Act.
10.1.5. Change plans without authorization contrary to Section 8(12) of the Act.
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10.1.6. Construct a building not in accordance with plans contrary to Section 8(13) of
the Building Code Act.
10.1.7. Change the use of a building without a permit contrary to Section10(1) of the
Building Code Act.
10.1.8. Occupy a building newly erected without notice or inspection contrary to
Section 11(1) of the Building Code Act.
10.1.9. Obstruct or remove a posted order without authorization contrary to Section 20
of the Building Code Act.
10.1.10.
Furnish false information on an application for a permit contrary to clause
36(1)(a) of the Building Code Act.
10.1.11.
Commence demolition before a building has been vacated contrary to
Division C sentence 1.3.1.1 (4) of the Building Code.
10.1.12.
Fail to post a permit on the construction site contrary to Division C article
1.3.2.1 of the Building Code.
10.1.13.
Fail to post a permit on the demolition site contrary to Division C article
1.3.2.1 of the Building Code.
10.1.14.
Occupy an unfinished building without a permit contrary to Division C
sentence 1.3.3.1 (1) of the Building Code.
10.1.15.
Fail to provide notification of construction phase contrary to Division C
sentence 1.3.5.1 (2) of the Building Code.
10.1.16.
Hinder or obstruct or attempt to hinder or obstruct a Chief Building Official
or an Inspector contrary to Section 19(1) of the Building Code Act.
10.2. No person shall fail to comply with:
10.2.1. An order to comply made by an Inspector under Section 12(2) of the Building
Code Act.
10.2.2. An order not to cover made by an Inspector under Section 13(1) of the Building
Code Act.
10.2.3. An order to uncover made by an Inspector under Section 13(6) of the Building
Code Act.
10.2.4. A stop work order made by the Chief Building Official under Section 14(4) of the
Building Code Act.
10.2.5. An order to remedy an unsafe building made by an Inspector under Section
15.9(4) of the Act.
10.2.6. An order prohibiting use or occupancy of an unsafe building made by the Chief
Building Official under Section 15.9(6) of the Act; and
10.2.7. An order to repair a dangerous building made by the Chief Building Official
under Section 15.10(1) of the Act.
Part 11
r
PENALTIES
11.1
Every person who contravenes any provision of this By-Law or the Building Code
Act or is party to such contravention is guilty of an offence and upon conviction is
liable to a fine, in accordance with section 36 of the Building Code Act with respect
to offences arising from section 14 of this By-Law, or otherwise as provided for in
the Provincial Offences Act R.S.O. 1990, c. P.33.
11.2
Every person who is guilty of an offence under this by-law may, if permitted under
the Provincial Offences Act, R.S.O. c 1990, c. P33 as amended, pay a set fine, and the
Chief Judge of the Ontario Court of Justice shall be requested to establish set fines as
set out in Schedule 'D'.
11.3
In addition to the penalties prescribed in this By-law, the Chief Building Official
may apply under subsection 36(1) and or 38(1) of the Building Code Act for
additional penalties and/or fine up to Five Thousand Dollars ($5,000.00) or the
maximum fine applicable pursuant to the provisions of the Provincial Offences
Act, R.S.O. 1990, Chapter P33.
Part 12
SEVERABILITY
12.1
Should a court of competent jurisdiction, declare any section, subsection, clause,
or provision of this By-law to be invalid, the same shall not affect the validity of
this By-law as a whole or any part thereof, other than the part so declared to be
invalid.
Part 13
SCHEDULES
13.1
The Schedules attached to this By-law are a part of this By-law.
Part 14
PREVIOUS BY-LAWS
14.1
This By-Law supersedes By-law 96-2019, as amended for the Township of
Ashfield-Colborne-Wawanosh, and By-law 96-2019 is hereby repealed.
Part 15
EFFECTIVE DATE
15.1
This By-law shall take effect on the day of passing.
Read a first and second time this 15th day of October 2024.
Read a third time and finally passed this 15th day of October 2024.
Mayor, Glen McNeil
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By-Law 62-2024 Building By-Law
SCHEDULE 'A'
CLASSES OF PERMITS AND PERMIT FEES
Fees for a required permit shall be as set out in the Township's "Consolidated Fee" By-
law, as amended.
CLASS OF PERMIT
New Residential, Residential additions & Mobile Homes
New Accessory Buildings over 108 square feet and additions thereto (includes Decks,
Detached Garage, Storage Shed, Etc.)
New farm buildings and additions thereto - dry manure
New farm buildings and additions thereto - liquid manure
New Non-Livestock Farm Buildings and Additions thereto
New Commercial, Industrial or Institutional and additions thereto
Liquid Manure tanks - Free Standing and Under Barn
Separate installations of silos
Separate installations of steel grain bins
Change of use
Any construction project that is started without first obtaining necessary permit
Demolition Permit
Swimming Pools
Occupancy Permit
Renovations and repairs to existing buildings
Miscellaneous Inspections & Re-Inspections
Transfer of Building Permit
Review by Consultant / Engineer / Solicitor Deposit
Wind Turbines
Any building construction, renovation or repair not listed above
Class 2, 3, 4 or 5 New or Replacement Sewage System
Class 4 or 5 Sewage Tank Replacement or Leaching Bed
Building Alterations / Change of Use (Sewage)
Plumbing Permit
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By-Law 62-2024 Building By-Law
INTERPRETATIONS
The following explanatory notes are to be observed in the calculation of permit fees:
-
The floor area of the proposed work is to be measured to the outer face of exterior
walls and to the centre line of party walls or demising walls (including residential
garages, crawl spaces, slabs on grade, finished basements and unfinished
basements).
-
In the case of interior alterations or renovations or where a fee is based on the
construction value of the proposed work, the construction value of the proposed
work shall mean the total cost of all work regulated by the permit including the
cost of all material, labour, equipment, overhead and professional and related
services.
-
Mechanical penthouses and floors, mezzanines, lofts, habitable attics, and interior
balconies are to be included in all floor area calculations.
-
Except for interconnected floor spaces, no deductions are made for openings
within the floor area (i.e., stairs, elevators, escalators, shafts, ducts, etc.).
-
Where interior alterations and renovations require relocation of sprinkler heads
or fire alarm components, no additional charge is applicable.
-
Where demolition of partitions or alteration to existing ceilings is a part of an
alteration or renovations permit, no additional charge is applicable.
-
Corridors, lobbies, washrooms, lounges, etc. are to be included and classified
according to the major classification for the floor area on which they are located.
-
Where the building permit fee is based on actual construction costs the Chief
Building Official may place a valuation on the cost of the proposed work for the
purposes of establishing the permit fee and where disputed by the applicant, the
applicant shall pay the required fee under protest and, within six months of
completion of the project, shall submit an audited statement of the actual costs,
and where the audited costs are determined to be less than the valuation, the
Chief Building Official shall issue a refund.
Page 14 of 21
By-Law 62-2024 Building By-Law
SCHEDULE 'B'
SCHEDULE OF DRAWINGS, SPECIFICATIONS AND DOCUMENTS REQUIRED FOR
CONSTRUCTION, DEMOLITION AND CHANGE OF USE PERMITS
Unless otherwise specified by the Chief Building Official, an electronic submission
containing drawings, specifications and documents or one set of drawings, specifications
and documents is required to be submitted in order for the various types of Building
Permit Applications listed to be considered a complete application pursuant to Section
7(1)(b) of the Act. Depending upon the nature, scope and scale of a project, other
additional supporting drawings, specifications, and documents may be required to
demonstrate compliance with the Building Code at the discretion of the Chief Building
Official.
REQUIRED DOCUMENTATION
Where applicable the following supporting documentation shall accompany applications
for a permit unless otherwise waived by the Chief Building Official:
a) Approval by the Ministry of the Environment, Conservation and Parks for the use,
design and construction of a private sewage disposal and water supply systems.
b) Driveway access permit approved by the authority having jurisdiction.
c) Approved nutrient management plan and/or strategy.
d) Confirmation of compliance with Minimum Distance Separation 1 or 2.
e) Real property report (survey plan) prepared by an Ontario Land Surveyor.
f) Provide a completed Commitment to General Reviews by Architect and Engineers
form where a building is required to be reviewed by a Professional Engineer
pursuant to Div. C, article 1.2.2.3. of the Building Code.
g) Energy Efficiency Design Summary (EEDS)
h) Heat loss/heat gain calculations and furnace make/model and duct design layout.
i)
Geotechnical investigation report
j)
Such other approvals may be required to demonstrate compliance with applicable
law.
REQUIRED DRAWINGS BY TYPICAL PROJECT TYPE
1) Demolition (Full or Partial)
a) Description of the structural design characteristics of the building and method of
demolition prepared by a Professional Engineer were deemed necessary by the
Chief Building Official, pursuant to OBC Div. C, article 1.3.1.1.
2) Residential Deck or Porch
a) Site Plan
b) Foundation Plan
c) Floor Plan (framing)
d) Cross-section and detail of guards
e) Lot grading, drainage, and servicing plan, where applicable
3) Residential Accessory Building
a) Site Plan
b) Foundation Plan
c) Floor Plan (one per floor & including framing)
d) Roof Framing Plan
e) Elevation(s)
f) Building section
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By-Law 62-2024 Building By-Law
g) Lot grading, drainage, and servicing plan, where applicable
4) Residential Addition and Renovation
a) Site Plan
b) Foundation Plan
c) Floor Plan (one per floor & including framing)
d) Roof Framing Plan
e) Elevation(s)
f) Building section
g) Lot grading, drainage, and servicing plan, where applicable
5) New Residential Detached or Semi-Detached House
a) Site Plan
b) Foundation Plan
c) Floor Plan (one per floor & including framing)
d) Roof Framing Plan
e) Elevation(s)
f) Building section
g) Lot grading, drainage, and servicing plan, where applicable
6) New Residential Townhouse, Tri-plex or Four-plex
a) Approved Site Plan (agreement and drawings)
b) Approved lot grading, drainage, and servicing plan
c) Foundation Plan
d) Floor Plan (one per floor & including framing)
e) Roof Framing Plan
f) Elevation(s)
g) Building section(s)
7) New Residential Apartment Building
a) Approved Site Plan (agreement and drawings)
b) Approved lot grading, drainage, and servicing plan
c) Site Plan
d) Foundation Plan
e) Floor Plan (one per floor)
f) Floor and Roof structural plans
g) Elevation(s)
h) Building section(s)
i) Window & door / hardware schedules, where applicable
j) Room finish schedules, where applicable
k) Mechanical drawings (plumbing and HVAC)
l) Electrical drawings (lighting and fire alarm system)
m) Sprinkler drawings, where applicable
n) Standpipe drawings, where applicable
8) New Non-Residential Building or Addition (Part 3 or 9)
a) Approved Site Plan (agreement and drawings), where applicable
b) Approved lot grading, drainage, and servicing plan, where applicable
c) Site Plan
d) Foundation Plan
e) Floor Plan (one per floor)
f) Floor and Roof structural plans
g) Elevation(s)
Page 16 of 21
By-Law 62-2024 Building By-Law
h) Building section(s)
i) Window & door / hardware schedules, where applicable
j) Room finish schedules, where applicable
k) Wall sections and/or details, where applicable
l) Mechanical drawings (plumbing and HVAC), where applicable
m) Electrical drawings (lighting and fire alarm system), where applicable
n) Sprinkler drawings, where applicable
o) Standpipe drawings, where applicable
9) Non-Residential Renovation (Part 3 or 9)
a) Site Plan
b) Floor Plan (one per floor)
c) Floor and Roof structural plans, where applicable
d) Elevation(s) if exterior work proposed
e) Building section(s), where applicable
f) Window & door / hardware schedules, where applicable
g) Room finish schedules, where applicable
h) Wall sections and/or details, where applicable
i) Mechanical drawings (plumbing and HVAC), where applicable
j) Electrical drawings (lighting and fire alarm system), where applicable
10) Designated Structures
The following plans prepared and stamped by a Professional Engineer or Architect:
a) Approved lot grading, drainage, and servicing plan, where applicable
b) Site Plan
c) Foundation Plan, where applicable
d) Floor Plan (one per floor), where applicable
e) Floor and Roof structural plans, where applicable
f) Elevation(s), where applicable
g) Sections and/or details, where applicable
11) Sewage System
a) Site Evaluation Report prepared by a Professional Engineer including soil
permeability, and soil conditions, including the potential for flooding.
b) Plot / Site Plan and or Approved Lot Grading and Drainage Plan
c) Septic system design and drawings
d) In the case of Class 4 sewage systems, a copy of the required annual service and
maintenance agreement
DRAWING COMPLETENESS
Unless otherwise specified by the Chief Building Official, plans or working drawings
showing and detailing the following information shall accompany all building permit
applications. Depending upon the nature, scope and scale of a project other additional
information may be required to demonstrate Building Code compliance at the discretion
of the Chief Building Official.
1) The site plan drawing shall show:
a) Property boundaries and dimensions.
b) The location, use, height, and dimensions of any existing and proposed building(s)
including, but not limited to front, side, and rear yard dimensions and relationships
to adjoining property lines, condominium corporation lines and buildings,
common element lines, where applicable.
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By-Law 62-2024 Building By-Law
c) Relation of buildings and finished grade to existing elevations and storm water
drainage control plan on site, where applicable, and
d) All existing and proposed parking layouts, retaining walls, swimming pools,
accessory buildings and any other such physical additions necessary to the site.
2) The lot grading, drainage and servicing plan(s) shall show:
a) The property lines, building location, sidewalks, driveways, curb cuts, swales, all
utility services, and new/existing service connections.
b) Existing and proposed spot elevations for this project and adjacent properties,
slopes of driveways, sidewalks and swales, direction of drainage flow; and
c) Location of storm water catchment area, catch basins, below grade and above
grade utilities and connections into services at property line.
3) The architectural drawings shall show:
a) Building Code matrix, where applicable.
b) Foundation plan and grade details; and
c) Each floor plan with exact dimensions of the layout of all proposed areas and
identify each with room names.
d) All wall thickness and type of construction, window and door openings and
schedules, elevator, sections and details of all walls, stairs and exits, fire walls, fire
separations, shaft and duct openings and other related pertinent information.
e) Building elevations, cross sections and wall sections showing all floor-to-floor
heights, materials, and thickness, etc.; and
f) Specifications where applicable.
4) The structural drawings shall show:
a) All foundation, floor, roof, and wall structural elements indicating sizes, shapes and
proper locations, and all dead and live design loads and conditions of loading.
b) All reinforced concrete work indicating thickness and strength of concrete, size
spacing minimum cover and type of reinforcing steel.
c) All lintel, column and beam locations and their size.
d) Engineered roof and floor truss designs, where applicable; and
e) Specifications, where applicable.
5) The mechanical and electrical drawings shall show:
a) Mechanical drawings are to show the plumbing, heating, ventilation, and air
conditioning including legends and schedules for compliance with the Building
Code. For Part 9 buildings, this information can be shown on the same plan as the
architectural.
b) Electrical drawings are to show lighting, emergency lighting, exit signs, fire alarm
systems and their legends and schedules for compliance with the Building Code.
For Part 9 buildings, this information can be shown on the same plan as the
architectural.
c) The location of all fire protection equipment such as early warning, detection, and
suppression systems; and
d) Specifications, where applicable.
6) The Private Sewage system plans shall show:
a) A site evaluation identifying the soil percolation time and anticipated high ground
water level elevation,
b) The private sewage system design and construction drawing includes all
components and a calculation of the total daily design sanitary sewage flow of the
system.
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By-Law 62-2024 Building By-Law
c) The location, use, height, and dimensions of any existing and proposed buildings
including front, side, and rear yard dimensions and relationships to adjoining
property lines, condominium corporation lines and buildings,
d) Existing and proposed elevation contours of the building site and adjacent
properties,
e) Relation of buildings and finished grade to existing elevations and storm water
drainage control plan on site where applicable,
f) All existing and proposed site services, parking layout, retaining walls, swimming
pools accessory buildings and any other such physical additions necessary to the
site,
Page 19 of 21
By-Law 62-2024 Building By-Law
SCHEDULE 'C'
REFUND OF FEES
The permit fees that may be refunded under section 6.2 of this By-law will be a
percentage of the permit fees payable under this By-law.
STATUS OF APPLICATION
PERCENTAGE OF FEE
ELIGIBLE FOR REFUND
Application filed. No processing or
Review of Plans submitted
90%
Application filed. Plans reviewed
45%
Permit issued. No field inspections have been
performed
35%
Permit issued and field inspections have been
performed after the permit issuance
35% reduced by 5% for
each field inspection
performed
No refund shall be given where the amount is less than $100.00.
No refund shall be given unless a written request has been made by the owner
or authorized agent and unless the permit is returned to the Chief Building
Official or the Municipal Clerk for cancellation.
No refund shall be made where the Chief Building Official has revoked a permit
under Subsection 8(10) of the Act.
Page 20 of 21
By-Law 62-2024 Building By-Law
THE CORPORATION OF THE TOWNSHIP OF
ASHFIELD-COLBORNE-WAWANOSH
BY-LAW NUMBER 62-2024: Building By-Law
SCHEDULE "D"
SHORT FORM WORDING AND SET FINES
Set Fine Application
Part 1 Provincial Offences Act
Item
Column 1
Short Form Wording
Column 2
Offence Creating
Provision or
Defining Offence
Column 3
Set Fine
1
Construct a building without a
permit.
10.1.1
$750.00
2
Construct a sewage system
without a permit.
10.1.1
$750.00
3
Cause construction of a
building without permit.
10.1.2
$750.00
4
Cause construction of sewage
system without a permit
10.1.2
$750.00
5
Demolish a building without
a permit.
10.1.3
$750.00
6
Cause demolition of a
building without a permit.
10.1.4
$750.00
7
Change plans without
authorization.
10.1.5
$300.00
8
Construct a building not
In accordance with plans.
10.1.6
$300.00
9
Change the use of a building
without a permit.
10.1.7
$400.00
10
Occupy a building newly
erected without notice or
inspection.
10.1.8
$500.00
11
Remove posted order without
authorization.
10.1.9
$750.00
12
Furnish false information on
an application for a permit.
10.1.10
$750.00
13
Commence demolition before
a building has been vacated.
10.1.11
$750.00
14
Fail to post permit on
construction site.
10.1.12
$300.00
15
Fail to posit permit on
demolition site.
10.1.13
$300.00
16
Occupy an unfinished
building without a permit.
10.1.14
$500.00
17
Fail to provide required
notification of construction
phase.
10.1.15
$500.00
18
Obstruction.
10.1.16
$1000.00
19
Fail to comply with an order
made by Inspector.
10.2.1
$750.00
Page 21 of 21
By-Law 62-2024 Building By-Law
20
Fail to comply with an order
not to cover.
10.2.2
$750.00
21
Fail to comply with an order to
uncover.
10.2.3
$750.00
22
Fail to comply with an order to
stop construction.
10.2.4
$750.00
23
Fail to comply with an order to
render a building safe.
10.2.5
$750.00
24
Fail to comply with an order
prohibiting occupancy of an
unsafe building.
10.2.6
$1000.00
25
Fail to comply with an
order to repair a
dangerous building.
10.2.7
$1000.00
Note: The penalty provision for the offences indicated above is section 11.2 of By-Law
62-2024, a certified copy of which has been filed.
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
WEST REGION
80 DUNDAS STREET, 10th FLOOR, UNIT L
LONDON, ONTARIO N6A 6A8
OO
CABINET DU JUGE PRINCIPAL RÉGIONAL
COUR DE JUSTICE DE L'ONTARIO
RÉGION DE L'OUEST
80, RUE DUNDAS, 10e ÉTAGE, UNITÉ L
LONDON (ONTARIO) N6A 6A8
TELEPHONE/TÉLÉPHONE (519) 660-2292
FAX/TÉLÉCOPIEUR (519) 660-3138
December 13, 2024
Florence Witherspoon
Township of Ashfield-Colborne-Wawanosh
Greetings,
Re: Set Fines - Provincial Offences Act - Part 1 By-law 62-2024, Building
By-Law
Enclosed herewith is the Part 1 original Order and original schedule of set fines for
the above referenced Bylaw, the Bylaw indicated in the schedules.
The setting of the fines does not constitute my approval of the short form of wording
used to describe the offences.
Please ensure that a copy of the said documents is forwarded to the Provincial
Offences Court in Goderich, together with a certified copy of the Bylaw.
Yours truly,
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Encl.
/tz
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each
of the offences in the schedule of offences under the Provincial Statutes
and Regulations thereunder and By-law 62-2024 of the Township of
Ashfield-Colborne-Wawanosh attached hereto are the set fines for those
offences. This Order is to take effect December 13, 2024.
Dated at London this 13th day of December 2024.
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
THE CORPORATION OF THE TOWNSHIP OF
ASHFIELD-COLBORNE-WAWANOSH
BY-LAW NUMBER 62-2024: Bu ildin g By-La w
SCHEDULE "D"
SHORT FORM WORDING AND SET FINES
Set Fine Application
Part 1 Provincial Offences Act
Item
Column 1
Short Form Wording
Column 2
Offence Creating
Provision or
Defining Offence
Column 3
Set Fine
1
Construct a building without a
perm it.
10.1.1
$750.00
2
Construct a sewage system
without a perm it.
10.1.1
$750.00
3
Cause construction of a
building without perm it.
10.1.2
$750.00
4
Cause construction of sewage
system without a perm it
10.1.2
$750.00
5
Demolish a building without
a perm it.
10.1.3
$750.00
6
Cause demolition of a
building without a perm it.
10.1.4
$750.00
7
Change plans without
authorization.
10.1.5
$300.00
8
Construct a building not
In accordance with plans.
10.1.6
$300.00
9
Change the use of a building
without a perm it.
10.1.7
$400.00
10
Occupy a building newly
erected without notice or
inspection.
10.1.8
$500.00
11
Rem ove posted order without
authorization.
10.1.9
$750.00
12
Furnish false inform ation on
an application for a perm it.
10.1.10
$750.00
13
Com mence dem olition before
a building has been vacated.
10.1.11
$750.00
14
Fail to post perm it on
construction site.
10.1.12
$300.00
15
Fail to posit perm it on
demolition site.
10.1.13
$300.00
16
Occupy an unfinished
building without a perm it.
10.1.14
$500.00
17
Fail to provide required
notification of construction
phase.
10.1.15
$500.00
18
Obstruction.
10.1.16
$1000.00
19
Fail to com ply with an order
m ade by Inspector.
10.2.1
$750.00
20
Fail to com ply with an order
not to cover.
10.2.2
$750.00
21
Fail to com ply with an order to
uncover.
10.2.3
$750.00
22
Fail to com ply with an order to
stop construction.
10.2.4
$750.00
23
Fail to com ply with an order to
render a building safe.
10.2.5
$750.00
24
Fail to com ply with an order
prohibiting occupancy of an
unsafe building.
10.2.6
$1000.00
25
Fail to com ply with an
order to repair a
dangerous building.
10.2.7
$1000.00
Note: The penalty provision for the offences indicated above is section 11.2 of By-Law
62-2024, a certified copy of which has been filed.