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THE CORPORATION OF THE TOWNSHIP OF BALDWIN
BY-LAW NO. 2023-015
Being a By-law
Respecting Construction, Demolition, Change of Use Permits and Inspections
and to rescind by-law 748
WHEREAS pursuant to the Building Code Act, as amended, the Lieutenant Governor in Council
has established a Building Code which is in force throughout Ontario to regulate all
construction, demolitions, extensions, material alterations and changes of use with respect to
buildings, for which the Council of the Corporation of the Township of Baldwin has appointed a
Chief Building Official and such inspectors for the proper administration of the said Building
Code.
AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, Chapter 23, empowers
Council to pass certain by-laws respecting construction, demolition and change of use permits
and inspections.
AND WHEREAS Council deems it expedient to make amendments to the fee schedule "A" of By-
law 748 as amended by By-law 2023-15;
NOW THEREFORE the Corporation of the Township of Baldwin ENACTS AS FOLLOWS:
1.0
SHORT TITLE
This By-law may be cited as the "Building By-Law".
2.0
DEFINITIONS
2.1
In this by-law,
"Act'' means the Building Code Act, 1992, S.O. 1992, Chapter 23 as amended.
"Applicant'' means the owner of a building or property who applies for a permit or any person
authorized by the owner to apply for a permit on the owner's behalf, or any person or
corporation empowered by statute to cause the demolition of a building or buildings and
anyone acting under the authority of such person or corporation.
Page 2 of 14
"As constructed plans" means as constructed plans as defined in the Building Code.
"Architect'' means a holder of a license, a certificate of practice, or a temporary license under
the Architect's Act as defined in the Building Code.
"Building'' means a building as defined in Section 1 (1) of the Act.
"Building Code" means the regulations made under Section 34 of the Act.
"Chief Building Official" means the Chief Building Official appointed by by-law of the
Corporation of the Township of Baldwin 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.
"Corporation" means The Corporation of the Township of Baldwin.
"Demolition" means to do anything in the removal of a building or any material part thereof
"Farm building'' means a farm building as defined in the Building Code.
"Permit" means written permission or written authorization from the Chief Building Official to
perform work regulated by this by-law and the Act, or to change the use of building or part of a
building or parts thereof as regulated by the Act.
"Plumbing'' means plumbing as defined in Section 1 (1) of the Act.
"Prescribed value" means, as determined by the Chief Building Official, the value of
construction of a proposed building or designated structure including the total value of all work,
labour, equipment, overhead, services and materials in respect of its construction and of all
professional and related services.
"Professional engineer'' means a person who holds a license or a temporary license under the
Professional Engineer's Act, as defined in the Building Code.
"Sewage system" means a sewage system as defined in Section 1 (1) of the Act.
"Shipping container" means a building when it is no longer used for the shipping of freight, is
placed on a property either temporarily or permanently, is used for storage, or is used for any
shelter or occupancy.
Page 3 of 14
"Truck trailer unit'' means a building when it is no longer used for the shipping of freight, is
placed on a property either temporarily or permanently, is used for storage, or is used for any
shelter or occupancy.
2.2
Terms not defined in this by-law shall have the meaning ascribed to them in the Act or
the Building Code.
3.0
PERMITS
3.1
Classes of Permits
Classes of permits with respect to the construction, demolition and change of use of
buildings and permit fees shall be as set forth in Schedule "A" appended to and forming
part of this By-Law.
3.2
Building Permits
Where application is made for a construction permit under Subsection 8(1) of the Act,
the application 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 Article 2.4.1.1B of the Building Code and as described in this by-law
set forth in Schedule "B" for the work to be covered by the permit.
3.3
Demolition Permits
Where application is made for a demolition permit under Subsection 8(1) of the Act, the
application shall:
1)
use the provincial application form, "Application for Permit to Construct or
Demolish; and
2)
include complete plans and specifications, documents and other information as
required by Article 2.4.1.1B of the Building Code and as described in this by-law
set forth in Schedule "B" for the work to be covered by the permit.
3.4
Conditional Permits
Where application is made for a conditional permit under subsection 8(3) of the Act, the
application shall:
1)
use the provincial application form, "Application for Permit to Construct or
Demolish; and
2)
include complete plans and specifications, documents and other information as
required by Article 2.4.1.1B of the Building Code and as described in this by-law
set forth in Schedule "B" for the work to be covered by the permit.
3)
state the reasons why the applicant believes that unreasonable delays in
construction would occur if a conditional permit is not granted;
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4)
state the necessary approvals which must be obtained in respect of the
proposed building and the time in which such approvals will be obtained; and
5)
state the time in which plans and specifications of the complete building will be
filed with the Chief Building Official.
3.5
Partial Permits
When in order 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,
application shall be made and fees paid for the complete project. Complete plans and
specifications covering the portion of the work for which immediate approval is desired
shall be filed with the Chief Building Official. Where a permit is issued for part of a
building or project, this 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.
3.6
Change of Use Permits
Every application for change of use permit issued under subsection 10(1) of the Act shall
be submitted to the Chief Building Official and shall:
1)
describe the building in which the occupancy is to be changed, by a description
that will readily identify and locate the building;
2)
identify and describe in detail the current and proposed occupancies of the
building or part of a building for which the application is made;
3)
include 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, details of existing "sewage systems", if any;
4)
be accompanied by the required fee;
5)
state the name, address and telephone number of the owner; and
6)
be signed by the owner or his or her authorized agent who shall certify-the truth
of the contents of the application.
3.7
Equivalents
Where an application for a permit or for authorization to make a material change to a
plan, specification, document or other information on the basis of which a permit was
issued, contains an equivalent material, system or building design for which
authorization under section 9 of the Act is requested, the following information shall be
provided:
1)
a description of the proposed material, system or building design for which
authorization under section 9 of the Act is requested;
2)
any applicable provisions of the Building Code; and
3)
evidence that the proposed material, system or building design will provide the
level of performance required by the Building Code.
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4.0
ADMINISTRATIVE PROCEDURES RELATING TO PERMITS
4.1
Revision to Permit
After the issuance of a permit under the Act, notice of any material change to a plan,
specification, document or other information on the basis of which the permit was
issued, must be given in writing, to the Chief Building Official together with the details of
such change, which is not to be made without his or her written authorization.
4.2
Revocation of Permits
The Chief Building Official, subject to provisions outlined in subsection 8(10) of the Act
has the authority to revoke a permit issued under the Act.
4.3
Permit Application
To obtain a permit, the owner or agent authorized in writing by the owner shall file an
application in writing by completing a prescribed form available from the Chief building
Official, the Building Code website at https://files.ontario.ca/mmah_1/mmah-building-
development-application-for-a-permit-to-construct-or-demolish-2014-en-2021-11-01.pdf
or the Municipal website www.baldwin.ca. Forms prescribed by the Corporation under
clause 7(1)(f) of the Act shall be set out in Schedule "C' to this By-Law.
4.4
Plans and Specifications
Sufficient information shall be submitted with each application for a permit to enable
the Chief Building Official to determine whether or not the proposed construction,
demolition or change of use will conform to the Act, the Building Code and any other
applicable law. Each application shall, unless otherwise specified by the Chief Building
Official, be accompanied by two complete sets of plans and specifications required
under this by-law. Plans shall be drawn to scale on paper, or other durable material,
shall be legible and, without limiting the generality of the forgoing, shall include such
working drawings as set out in Schedule "B" to this By-Law unless otherwise specified by
the Chief Building Official
4.5
The Site Plan
Site plans shall be referenced to an up-to-date survey and, where required 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)
Lot size and the dimensions of the property lines and setbacks to any existing or
proposed buildings;
2)
Existing and finished ground levels or grounds;
3)
Existing rights-of-way, easements and municipal services;
4)
Proposed fire access routes and existing fire hydrant locations; and
Page 6 of 14
5)
Location and dimensions of existing or proposed onsite sewage systems.
4.6
Payment of Fees
1)
Fees for a required permit shall be as set out in Schedule "A" to this by-law and
are due and payable upon submission of an application for a permit. Where
there are fees payable in respect of an application for a partial permit or a
conditional permit, fees shall be paid for the complete project. Where the fees
payable in respect of an application for a construction or demolition permit
issued under subsection 8(1) of the Act or a conditional permit under subsection
8(3) of the Act are based on the prescribed value of the proposed work, such
value shall be as defined in this by-law.
2)
For additions, renovations, change of use or new construction over 300 sq. ft. a
deposit fee will be added to the permit fee. This fee will be refunded once the
final occupancy has been granted unless, under the direction of the Chief
Building Official, the deposit is to be used to cover the following:
a)
site clean-up
b)
road clean-up or repair
c)
drainage ditch clean-up
d)
municipal storm sewer clean-up
e)
re-instatement of municipal services
After verification by the Municipal Official as to contractor's discharge of duties in
relation to reason for deposit request, such deposit shall be returned. In the event
municipal employees are required to restore or clean up or re-instate municipal
properties or services, such costs or portion of costs shall be deducted from the deposit
fee and the balance refunded.
If a request for final inspection is not received, this deposit fee shall be forfeited by the
applicant within 24 months from the date of the issuance of the permit.
3)
Permit Fees shall be doubled if construction has started before the permit is
issued. Payment of double fees will not relieve any person or corporation from:
a)
Fully complying with the Ontario Building Code; or
b)
Any penalty prescribed in the Act for starting or proceeding with work
prior to obtaining a construction permit.
·
4.7
Refunds
1)
In the case of withdrawal of an application or abandonment of all or a portion of
the work or the non-commencement of any project, and upon written request,
the Chief Building Official shall determine the amount of paid permit fees that
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may be refunded to the applicant, if any, in accordance with Schedule "A'
attached to and forming part of this by-law.
2)
Except as provided above, there shall be no refund of permit fees where a
permit has been revoked or transferred.
5.0
NOTICE REQUIREMENTS FOR INSPECTIONS
5.1
Prescribed Notices for Inspections
A person to whom a permit is issued shall give notice of readiness for inspection to the
Chief Building Official. Such notice shall be given in accordance with the provisions of
the Building Code for all mandatory inspections listed in the Building Code under Section
2.4.5.
5.2
Improper Inspection Calls
At the discretion of the Chief Building Official where the owner and/or agent gives
notice for a specific inspection of any building, lot or parcel of land and the inspection
cannot be properly carried out due to unfinished work, or the inspection is broken down
to excessive site visits due to phasing of the project, or the inspection is requested to be
performed outside of the regular office hours of the Corporation, the owner shall be
responsible for all of the Corporation's costs relating to the inspection. Such costs shall
be termed "Inspection Fee" and shall be paid to the Treasurer of the Corporation on
demand.
6.0
PESCRIBED FORMS
The forms prescribed for use as applications for permits, for orders and for inspection
reports shall be as set out in Schedule "C' to this by-law.
7.0
AS CONSTRUCTED PLANS
The Chief Building Official may require that a set of plans of a building or any class of
buildings as constructed be filed with the Chief Building Official on completion of
construction under such conditions as may be prescribed in the Building Code.
8.0
CODE OF CONDUCT
The Code of Conduct required under section 7.1-(1) of the Act shall be the "Employee
Code of Conduct'' which governs the conduct of all employees of the Corporation.
9.0
APPOINTMENT OF RCA'S
If the municipality directly appoints a registered code agency under Section 4.1 of the
Act, an agreement must be completed.
The agreement with the registered code agency authorizes the agency to perform
functions specified in the agreement. The agreements shall be in writing and as outlined
in the Building Code under Article 2.22.1.1.
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Under Subsection 4.1(3) of the Act, The Corporation of the Township of Baldwin
delegates to the Chief Building Official, the authority to make appointments of
registered code agencies.
10.0
VALIDITY
Should any section, clause or provision of this by-law be declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any
part thereof, other than the part so declared to be invalid.
11.0
PENALTY
Every person who contravenes any provision of this by-law is guilty of an offence and upon
conviction under the Provincial Offences Act is liable to a fine and any other penalty imposed
under the Act as defined in this by-law.
12.0
REPEAL OF PREVIOUS BY-LAW
By-law 748 of the Corporation and its amendments are hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 12TH DAY
OF JUNE, 2023.
__________________
MAYOR
__________________
CLERK
Page 9 of 14
The Corporation of the Township of Baldwin
Schedule "A" to By-law No. 2023-15
PERMIT FEES AND SET FINE SCHEDULE
The fees payable by the applicant for a building/demolition permit are outlined below.
1.
Administration Fee of $40.00 shall apply to all building permit applications.
2.
New buildings, alterations, additions, re-erection and repairs, etc.:
PERMIT TYPE
FEE
Installation of Siding
$45
Window and door alterations
$50
Pool Enclosure
$70
Solid fuel burning appliance
$60
Steel Roof Installation
$50
Tents over 645 sq. ft.
$65
3.
Plumbing Permit
PERMIT TYPE
FEE
1 to 6 Fixtures
$45
Each additional fixture
$10
Additions/changes to each existing fixture
$10
Connection to municipal water system
$40
Page 10 of 14
4.
Other Fees
PERMIT TYPE
FEE
Administration fee (Mandatory)
$40
Building permit fee - $15/$1000 of value of construction
$15
Demolition - $50/1000 sq. ft. or portion thereof
$50
Change of Use
$80
Building relocation - Less than 300 sq. ft.
$50
Conditional Permit - $15/$1000 of value (Min $1000 value)
$15
Amendment to permit - $10/$1000 construction value (Min $80)
$10
Re-Inspection (Where work was not complete at time of insp.)
$80
Request for inspection
$50
11.
Calculation of Estimated Values
Structure Type
Floor Area x Cost/sq ft.
One storey dwelling & additions
$150
Second storey or more & additions
$120
Attached Garage
$40
Detached storage building & garage
$30
Carport
$30
Deck, porch & gazebo
$20
Solarium & Sunroom
$120
Repairs and/or renovations
Floor Area x Est. Cost/sq ft.
Commercial and industrial buildings (Shell Only)
$110
Commercial, mercantile, office, restaurant, etc.
$215
SPECIAL PROVISION: the Chief Building Official may, for any of the above or where there is a
dispute, calculate the estimated value at his discretion, based on written estimates provided by
a contractor.
PERMIT FEES DOUBLE IF ANY WORK REQUIRING A PERMIT IS COMMENCED PRIOR TO
RECEIVING A PERMIT FROM THE BUILDING DEPARTMENT.
Page 11 of 14
12.
Refunds - if a Building Permit has been issued and applicable fees paid, project has not
commenced; fees may be refunded as follows, with the exception of the administration
fee:
a)
70 percent (70%) if administrative and zoning functions only have been
performed.
b)
40 percent (40%) if administrative, zoning and plans examination functions have
been performed.
c)
30 percent (30%) if the permit has been issued and no field inspections have
been performed subsequent to permit issuance.
13.
Set Fine Schedule - Part 1 Provincial Offences Act
The Building Code Act, 2012
Item
Short Form Wording
Provision Creating
OR
Defining Offence
Set Fine
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
14)
15)
16)
17)
18)
19)
20)
21)
22)
23)
24)
25)
26)
27)
28)
Construct a building without a permit
Demolish building without permit
Causing construction without a permit
Causing demolition without permit
Unauthorized change to permit
Construct not in accordance with permit
Demolish not in accordance with permit
Causing construction not in accordance with permit
Causing demolishment not in accordance with permit
Change use of building without permit
Occupy a building - no notice
Use building - no notice
Permit occupation of a building - no notice
Permit use of building - no notice
Use building - no inspection
Permit occupation of a building - no inspection
Occupy a building - order outstanding
Using a building - order outstanding
Permit occupation of a building - order outstanding
Permit use of a building - order outstanding
Fail to comply with inspector's order - section 12 (2)
Fail to comply with order not to cover - section 13 (1)
Fail to comply with order to uncover section 13 (6)
Fail to comply with order to stop work - section 14 (1)
Fail to comply with order to render a building safe-
section 15.9 (4)
Fail to comply with order not to use/occupy a
building - section 15.9 (6)
Obstructing an inspector
Failure to assist an inspector
Section 8 (1)
Section 8 (1)
Section 8 (1)
Section 8 (1)
Section 8 (12)
Section 8 (13)
Section 8 (13)
Section 8 (13)
Section 8 (13)
Section 10 (1)
Section 11 (2)
Section 11 (2)
Section 11 (2)
Section 11 (2)
Section 11 (4)(a)
Section 11 (4)(a)
Section 11 (4)(b)
Section 11 (4)(b)
Section 11 (4)(b)
Section 11 (4)(b)
Section 36 (1)
Section 36 (1)
Section 36 (1)
Section 36 (1)
Section 36 (1)
Section 36 (1)
Section 19 (1)
Section 19 (3)
$300.00
$200.00
$300.00
$200.00
$200.00
$200.00
$200.00
$300.00
$300.00
$200.00
$200.00
$200.00
$300.00
$300.00
$200.00
$200.00
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$300.00
$500.00
$300.00
$500.00
$500.00
$300.00
Page 12 of 14
29)
30)
31)
32)
33)
Neglected to produce required items
Refusing to produce required items
Neglecting to produce required information
Refusing to produce required information
Removing posted order
Section 19 (4)(a)
Section 19 (4)(a)
Section 19 (4)(b)
Section 19 (4)(b)
Section 20
$200.00
$300.00
$200.00
$300.00
$200.00
Note: The penalty provisions for the offences listed above are Section 36 of the
Building Code Act, a certified copy of which has been filed.
Page 13 of 14
The Corporation of the Township of Baldwin
Schedule "B" to By-law No. 2023-15
List of Plans or Working Drawings to accompany applications for permits
1.
Site Plan (two sets of Plans)
2.
Floor Plans (two Sets)
3.
Foundation Plans (two Sets)
4.
Framing Plans (two Sets)
5.
Roof Plans (two Plans)
6.
Reflected Ceiling Plans (two Sets)
7.
Sections and Details (two Sets)
8.
Building Elevations (two Sets)
9.
Electrical Drawings (two Sets)
10.
Heating, Ventilation and Air Conditioning Drawings (two Sets)
11.
Plumbing Drawings (two Sets)
12.
Fire Alarm and Sprinkler Plan (two Sets)
NOTE: The Chief Building Official may specify that not all the above-mentioned plans are
required to accompany an application for a permit.
Page 14 of 14
The Corporation of the Township of Baldwin
Schedule "C" to Bylaw No. 2023-15
Form 1: Application for a Permit to Construct or Demolish
Form 2: Application for Change of Use Permit (1)
Form 3: Order Requiring Tests and Samples Form 4 Change of Use Permit
Form 5: Stop Work Order Form 6 Order to Uncover
Form 7: Order Not to Cover or Enclose Form 8 Order to Comply