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By-law 2013-070
BUILDING BY-LAW
A By-law of the Corporation of the City of Barrie to regulate the
administration and enforcement of the Building Code Act
regarding the construction, demolition or the change of use of
buildings.
Disclaimer:
The following consolidation is an electronic reproduction made available for
information only. It is not an official version of the By-law. The format may
be different, and plans, pictures, other graphics or text may be missing or
altered. The City of Barrie does not warrant the accuracy of this electronic
version.
This consolidation cannot be distributed or used for commercial purposes.
It may be used for other purposes, only if this disclaimer is repeated as well
as the notice of copyright.
Official versions of all By-laws can be obtained by contacting the Legislative
and Court Services Department at [email protected] or by phone 705-739-
4220 ext 5500
This By-law printed under and by
the authority of the Council of the
City of Barrie
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BY-LAW NUMBER 2013-070
A By-law of the Corporation of the City of Barrie to
regulate the administration and enforcement of the
Building Code Act regarding the construction,
demolition or the change of use of buildings.
WHEREAS Subsection 3.(1) of the Building Code Act, S.O. 1992, c.23 as amended,
delegates to the Council of each municipality in Ontario the responsibility for the enforcement of
the Act within their municipality;
AND WHEREAS Subsection 3.(2) of the Building Code Act, S.O. 1992, c.23 as amended
requires the Council of each municipality in Ontario to appoint a Chief Building Official and such
Inspectors as are necessary for the enforcement of the Act within their municipality;
AND WHEREAS Section 7 of the Building Code Act, S.O. 1992, c.23 as amended
empowers the Council of a municipality to pass certain by-laws respecting the administration and
enforcement of the Act and the Ontario Building Code through the prescribing of classes of permits,
submission of applications, collection of fees, notifications for inspections, etc.;
AND WHEREAS by Motion 13-G-060 the Council of The Corporation of the City of Barrie
deems it expedient to regulate the administration and enforcement of the Building Code Act
regarding the construction, demolition or the change of use of buildings;
NOW THEREFORE the Council of the Corporation of the City of Barrie enacts as follows.
1.
Short Title - The Building By-law
1.1.
This By-law may be cited as the Building By-law.
2.
Definitions and Interpretations
2.1.
In this By-law:
2.1.1.
Act means the Building Code Act, S.O. 1992, c.23 as amended;
2.1.2.
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 construction or demolition of a building or buildings and anyone
acting under the authority of such person or Corporation;
2.1.3.
Applicable Law means the list of Applicable Laws found in Article 1.4.1.3.
of Division A of the Building Code;
2.1.4.
Barrie's Fees By-law means the Corporation's by-law prescribing the fees
for permits and related services that is in force and effect on the day an
application for a permit is accepted or on the day the related service is
provided;
2.1.5.
Building Code means the regulations made under Section 34 of the Act
being O.Reg. 350/06 and any amendments thereto;
2.1.6.
Certified Model means a unique building design for a proposed House
building that is intended for the repeated construction of essentially
identical buildings pursuant to separate permits issued under the Act;
2.1.7.
Chief Building Official means the person appointed by by-law by the
Corporation as the Chief Building Official for the purposes of enforcement
of the Act and shall include a designate where not prohibited by law;
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2.1.8.
Construction or Demolition Sitel means any Construction or Demolition
Sitel in respect of which a Construction Permit, a Conditional Permit or a
Demolition Permit has been issued for the construction of a building or the
demolition of an existing building;
2.1.9.
Corporation means the Corporation of the City of Barrie;
2.1.10. House means a building used for residential occupancy containing at least
one dwelling unit and not more than two dwelling units in each House and
the building systems, Works, fixtures and service systems appurtenant to
these buildings;
2.1.11. Incomplete Application means an application for a permit that does not
include all requirements as prescribed in Section 4 of this by-law;
2.1.12. Inspector means a person appointed by by-law by the Corporation as an
Inspector for the purposes of enforcement of the Act;
2.1.13. Owner means the person(s) registered as the owner(s) of the property and
includes a lessee, mortgagee in possession, and the authorized agent in
lawful control of the property;
2.1.14. Permit means permission or authorization given in writing from the Chief
Building Official to perform Work, to change the use of a building or part
thereof, or to occupy a building or part thereof, as regulated by the Act and
the Building Code;
2.1.15. 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; and
2.1.16. Work means the construction or demolition of a building or part thereof, as
the case may be.
2.2.
Any word or term not defined in this by-law that is defined in the Act or the Building
Code shall have the meaning ascribed to it in the Act or the Building Code unless
inconsistent with the context thereof.
2.3.
Any word or term not defined in this by-law or the Act or the Building Code shall
have the same meanings as ascribed in a standard Canadian dictionary.
3.
Classes of Permits
3.1.
The classes of Permits with respect to the construction, demolition, change of use and
occupancy of buildings shall be as set out herein.
3.1.1.
A Construction Permit is a Permit required under Subsection 8.-(1) of
the Act for the construction of a building or part of a building, and may
include the construction of all related sub-systems such as plumbing and
mechanical systems that are regulated by the Building Code.
3.1.2.
A Conditional Permit is a Permit authorized under Subsection 8.-(3) of
the Act allowing any specified stage of construction to proceed in advance
of a Construction Permit subject to any restrictive conditions.
3.1.3.
A Demolition Permit is a Permit required under Subsection 8.-(1) of the
Act for the demolition of a building or part of a building.
3.1.4.
A Change of Use Permit is a Permit required under Subsection 10.-(1) of
the Act for the change of use of a building to a use of increased hazard,
where no construction is being proposed.
3.1.5.
An Occupancy Permit is a Permit required under Articles 1.3.3.1. and
1.3.3.4. of Division C of the Building Code authorizing the occupation of a
building or part of a building that falls within the scope of these articles.
4.
Applications for Permits
4.1.
To obtain a Construction Permit, the Owner or an agent authorized in writing by
the Owner shall file a complete application in writing as described herein and in
Subsection 1.3.1. of Division C of the Building Code to the office of the Chief
Building Official along with all required Construction Permit fees as described in
Barrie's Fees By-law.
4.1.1.
The complete application will consist of:
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4.1.1.1.
An application form as prescribed by the Building Code
which must be completed and be signed by the Owner or
an agent who provides written authorization from the
Owner to sign;
4.1.1.2.
Written authorization or approval from the appropriate
approval body for all Applicable Laws as described in the
Building Code that is relevant to the proposed
construction, including the payment of required fees;
4.1.1.3.
Complete plans and specifications, documents and other
information as required by Sentence 1.3.1.3.(5) of
Division C of the Building Code and as described in
Section 5 of this by-law to describe the complete scope of
Work;
4.1.1.4.
A completed Commitment to General Reviews form as
prescribed by the Chief Building Official when the
Professional Engineers Act, R.S.O. 1990, c. P.28, as
amended or the Architects Act, R.S.O 1990, c. A.26, as
amended requires the designer to be a professional
engineer or an architect; and
4.1.1.5.
Acceptable proof of corporate identity and property
ownership when the Owner is not a natural person.
4.2.
To obtain a Conditional Permit, the Owner or an agent authorized in writing by the
owner shall file a complete application as described herein to the office of the Chief
Building Official along with all required Conditional Permit fees as described in
Barrie's Fees By-law.
4.2.1.
There must be an application for a Construction Permit in possession of
the Chief Building Official, with all required Construction Permit fees paid
in full before an application for a Conditional Permit will be accepted.
4.2.2.
The complete application shall consist of:
4.2.2.1.
An application form as prescribed from time to time by the
Chief Building Official which must be completed and be
signed by the Owner or an agent who provides written
authorization from the Owner to sign;
4.2.2.2.
Written authorization or approval from the appropriate
approval body for all Applicable Laws as described in the
Building Code that are relevant to the proposed
Conditional Permit Work, including the payment of
required fees;
4.2.2.3.
A Conditional Permit Agreement form as authorized by
Section 8.-(3)(c) of the Act and as prescribed by the Chief
Building Official which must be completed and signed by
the Owner or an authorized agent of the Owner who must
have authority to bind the Owner; and
4.2.2.4.
A Security Deposit as may be required by the Chief
Building Official under the terms of the Conditional Permit
Agreement.
4.2.3.
The application form referred to above must state the following:
4.2.3.1.
The
reasons
why
the
Applicant
believes
that
unreasonable delays in construction would occur if a
Conditional Permit is not granted;
4.2.3.2.
The necessary approvals which must yet be obtained in
respect of the proposed building and the time frame in
which such approvals will be obtained; and
4.2.3.3.
The time frame in which outstanding plans and
specifications of the proposed construction will be filed
with the Chief Building Official.
4.2.4.
The issuance of a Conditional Permit shall not be
construed to authorize construction beyond the scope for
which approval was given nor that approval for the
Construction Permit will necessarily be granted.
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4.3.
To obtain a Demolition Permit, the Owner or an agent authorized in writing by the
Owner shall file a complete application in writing as described herein and in
Subsection 1.3.1. of Division C of the Building Code to the office of the Chief
Building Official along with all required Demolition Permit fees as described in
Barrie's Fees By-law.
4.3.1.
The complete application will consist of:
4.3.1.1.
An application form as prescribed by the Building Code
which must be completed and be signed by the Owner or
an agent who provides written authorization from the
Owner to sign;
4.3.1.2.
Written authorization or approval from the appropriate
approval body for all Applicable Laws as described in the
Building Code that is relevant to the proposed demolition,
including the payment of required fees;
4.3.1.3.
Complete plans and specifications, documents and other
information as required by Sentence 1.3.1.3.(5) and
Sentence 1.3.1.1.(3) of Division C of the Building Code
and as described in Section 5 of this by-law to describe
the complete scope of Work;
4.3.1.4.
A completed Confirmation of Arrangements to Disconnect
Existing Services form as prescribed by the Chief Building
Official; and
4.3.1.5.
A completed Commitment to General Reviews form as
prescribed by the Chief Building Official when the
Professional Engineers Act, R.S.O. 1990, c. P.28, as
amended or the Architects Act, R.S.O 1990, c. A.26, as
amended requires the designer to be a professional
engineer or an architect.
4.4.
To obtain a Change of Use Permit, the Owner or an agent authorized in writing by
the owner shall file a complete application as described herein to the office of the
Chief Building Official along with all required Change of Use Permit fees as
described in Barrie's Fees By-law.
4.4.1.
The complete application shall consist of:
4.4.1.1.
An application form as prescribed from time to time by the
Chief Building Official which must be completed and be
signed by the Owner or an agent who provides written
authorization from the Owner to sign;
4.4.1.2.
Written authorization or approval from the appropriate
approval body for all Applicable Laws as described in the
Building Code that is relevant to the proposed change of
use, including the payment of required fees;
4.4.1.3.
Complete plans and specifications, documents and other
information as described in Section 5 of this by-law which
show the current and proposed occupancy of all parts of
the building and which contain sufficient information to
establish compliance with the requirements of the
Building Code including, but not necessarily limited to
floor plans and details of wall, floor and roof assemblies
identifying required fire resistance ratings, occupant
loads, load bearing capacities and details of the existing
sewage system, if any; and
4.4.1.4.
A report from a qualified person as prescribed by the
Building Code confirming that the change of use can
safely occur within the existing building or portion thereof
without the need to upgrade any construction, as
permitted by Part 10 of Division B of the Building Code.
4.5.
To obtain an Occupancy Permit, notification must be submitted to the office of the
Chief Building Official by the Owner or an authorized agent of the Owner in
accordance with Section 19 of this by-law and if an inspection confirms compliance
with the requirements for occupancy, an Occupancy Permit will be issued.
4.6.
All forms prescribed by the Chief Building Official are available at the office of the
Chief Building Official or on the City's web site.
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5.
Plans and Specifications for Applications
5.1.
Sufficient information shall be submitted in a legible format with each application
for a Permit to enable the Chief Building Official and the Inspectors to determine
whether or not the proposed construction, demolition, change of use or occupancy
will conform with the Act, the Building Code, this by-law and any other Applicable
Laws.
5.2.
Except as provided for in Subsections 5.3 and 5.4 of this by-law, each application
shall, unless otherwise specified by the Chief Building Official, be accompanied by
three (3) complete sets of plans and specifications required under this by-law.
5.3.
Except as provided for in Subsection 5.4 of this by-law, applications for Permits for
Houses must be accompanied by at least two (2) sets of plans and specifications
required under this by-law.
5.4.
Applications for a Conditional Permit must be accompanied by an extra set of plans
and specifications for the scope of Work covered by the Conditional Permit.
5.5.
Plans shall be drawn to scale on paper or electronic media approved by the
Corporation, and without limiting the generality of the foregoing, shall include such
Working drawings as set out in Appendix 'A' to this by-law unless otherwise
specified by the Chief Building Official.
5.6.
Plans and specifications furnished according to this by-law or otherwise required
by the Act become the property of the Corporation and will be disposed of or
retained in accordance with relevant legislation and with policies of the
Corporation.
6.
Certified Model Plans
6.1.
A designer or builder may file an application for the pre-approval of a Certified
Model.
6.2.
Every application for a Certified Model shall:
6.2.1.
be made on an application prescribed by the Chief Building Official; and
6.2.2.
be accompanied by the plans, specifications, documents and other
information described in Subsection 4.1 and Section 5 of this by-law for a
Construction Permit, with the exception of a site plan;
6.2.3.
be accompanied by all required fees as described in Barrie's Fees By-law;
and
6.2.4.
contain no more than four (4) design options for any one Certified Model.
6.3.
Plans and specifications for the Certified Model that appear to comply with the
construction requirements of the Building Code shall be approved by the Chief
Building Official for use for future Construction Permit applications at a discounted
fee as prescribed in Barrie's Fees By-law.
7.
Permit Fees
7.1.
The Permit fees established in Barrie's Fees By-law presumes a single submission
of complete plans and single inspections at the prescribed stages of construction
wherein the plans and the Works are found to be compliant with the Act, the
Building Code and the approved Permit. Additional service fees will be invoiced
to the Owner and the Permit Holder when additional resources are consumed to
review revised drawings and/or to reinspect Work.
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7.2.
The Chief Building Official shall determine the required fees for the Work proposed
in accordance with Barrie's Fees By-law and the applicant shall pay such fees, in
addition to any development charges, levies and other fees applicable through
other by-laws, regulations and legislation.
7.3.
Where no fee exists in Barrie's Fees By-law for the proposed Work the Chief Building
Official shall estimate the total cost to provide the plan review, inspection and
administration expenses and charge a fee to recover those costs.
8.
Alternative Solutions
8.1.
Where an application for a Construction Permit or a request 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 alternative solution for an
equivalent material, system or building design for which authorization under Article
1.2.1.1. of Division A of the Building Code is requested, the following information
shall be provided:
8.1.1.
A description of the proposed material, system or building design for
which authorization under Article 1.2.1.1. of Division A of the Building
Code is requested;
8.1.2.
Documentation and test reports prescribed in Section 2.1 of Division C of
the Building Code;
8.1.3.
Any applicable provisions of the Building Code; and
8.1.4.
Evidence that the proposed material, system or building design will
provide the level of performance required by the Building Code.
8.2.
A fee as prescribed in Barrie's Fees By-law shall be paid upon submission of the
request for consideration of each equivalent material, system or building design
described above in addition to the fees for the Permit application or plan revisions.
9.
Review of Permit Applications
9.1.
Applications made to the Chief Building Official pursuant to this by-law shall be
reviewed to confirm that:
9.1.1.
The application is complete in accordance with Section 4 of this by-law;
9.1.2.
The plans and specifications have been prepared by competent designers
who, where required by the Act, have satisfied the requirements for
qualifications and registration; and
9.1.3.
The plans and specifications adequately describe the proposed Work, and
said plans and specifications comply with the Act and the Building Code.
9.2.
Except as provided in Article 9.3 of this by-law, an Incomplete Application shall be
denied without further review.
9.3.
The Applicant of an Incomplete Application may submit an Acknowledgement of
Incomplete Application form as prescribed by the Chief Building Official requesting
the Chief Building Official hold the Incomplete Application until all missing
information has been provided.
9.4.
At the discretion of the Chief Building Official, upon receipt of an Acknowledgement
of an Incomplete Application form, an Incomplete Application may be held until
such time as all missing information has been provided, subject to the provisions
of Article 9.7 of this by-law.
9.5.
Where a Permit application has been reviewed but is found to be non-compliant
with any provisions of the Act or the Building Code, written notification shall be
given to the Applicant advising of the found non-compliance.
9.6.
At the discretion of the Chief Building Official, a plan review can be discontinued
where significant Building Code contraventions are discovered on the application.
The Applicant shall be notified that a complete plan review was not performed.
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9.7.
Where an Incomplete Application has been held or the application documents are
found to be non-compliant with the Act or the Building Code, the application may
be deemed to be abandoned if the Applicant has not made satisfactory progress
to submit the missing information or to resubmit any revised information, as the
case may be, within 30 days of being notified by the Chief Building Official or his
delegate of a requirement to submit missing or revised information.
10.
Withdrawing an Application
10.1.
An Applicant can request the withdrawal of an application for any reason, at any
time prior to the issuance of a Permit. The request shall be in writing to the Chief
Building Official.
11.
Issuance of Permits
11.1.
All Permit documents issued by the Corporation shall be in a form prescribed by
the Chief Building Official.
11.2.
The issuance of a Permit does not relieve the Owner or their agents from
complying with any and all laws including the Building Code.
11.3.
The Corporation does not warrant in any way that the acceptance of an application
for the issuance of a Permit ensures the proposed Work will comply with all
requirements of the Act or the Building Code.
11.4.
A Permit placard, when issued with the Permit, shall be placed in a conspicuous
place at the location of the Work.
12.
Delegated Power to Enter Into Permit Agreements
12.1.
The Council of the Corporation of the City of Barrie hereby delegates to the Chief
Building Official the power to enter into agreements described in Clause 8.-(3)(c)
of the Act for the issuance of Conditional Permits.
12.2.
The Council of the Corporation of the City of Barrie hereby delegates to the Chief
Building Official the power to enter into agreements to ensure the continued
operation of an approved hauled sewage system where said system is proposed
as an interim measure for a lot or parcel of land until municipal sewers are available
as permitted by Clause 8.8.1.2.(1)(d) of Division B of the Building Code.
13.
Permit Revisions
13.1.
Where the scope or design of the proposed Work changes after a Permit has been
issued, the Owner shall submit a written request to the Chief Building Official
accompanied with plans and specifications that describe the revised Work in
sufficient detail as prescribed in Section 5 of this by-law.
13.2.
A fee as prescribed in Barrie's Fees By-law shall be paid upon submission of the
requested revision.
13.3.
Where the requested revision involves a reduction in the scope of Work, the Chief
Building Official may impose conditions to ensure the structure is protected from
damage and the public is protected from harm.
13.4.
The requested change does not come into effect until the Chief Building Official
has approved and authorized the change in writing.
14.
Transfer of a Permit
14.1.
No Permit Holder can transfer responsibilities to comply with the requirements of
an issued Permit to a new Owner unless the following is provided to the Chief
Building Official:
14.1.1. A written statement from the new Owner of their agreement to comply with
all regulations and requirements as identified on the permit drawings, the
Act, the Building Code and other Applicable Laws;
14.1.2. A written statement from the designer of the drawings and documents
associated with the issued Permit giving permission for the new Owner to
use the copyright drawings; and
14.1.3. The payment of all fees identified in Barrie's Fees By-law for the transfer
of a Permit.
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14.2.
The new Owner shall thereafter be the Permit Holder for the purposes of the Act
and the Building Code.
14.3.
Where the ownership of a property changes and the Permit has not been
transferred in accordance with this Section, the new Owner cannot carry out any
construction under the open Permit and must obtain their own Permit in
accordance with Section 4 of this by-law before commencing any construction.
14.4.
Where the ownership of a property changes and the Permit has not been
transferred in accordance with this Section, the Permit Holder shall obtain the
consent of the new Owner to facilitate access to the building before requesting an
inspection.
15.
Cancellation of a Permit
15.1.
The 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.
15.2.
The Chief Building Official, after considering the implications of cancelling a Permit
may agree to cancel the Permit as requested.
15.3.
The Chief Building Official may impose conditions for the cancelling of a Permit to
ensure the property is in a safe condition.
16.
Revocation of a Permit
16.1.
Prior to revoking a Permit under Subsection 8.-(10) of the Act, the Chief Building
Official may serve a notice by posting a notice on the construction site, by personal
service or by registered mail at the last known address to the Permit Holder and,
following a 30 day period from the date of service, the Chief Building Official may
revoke the Permit if grounds to revoke still exist, without any further notice.
16.2.
A Permit Holder may, within 25 days from the date of service of a notice described
in Subsection 14.1, 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.
16.3.
A fee as prescribed in Barrie's Fees By-law shall be paid upon submission of the
request for deferral described above.
17.
Permit Fee Refunds
17.1.
In the case of the withdrawal of an application, the refusal of a Permit, the reduction
of the scope of Work, the cancellation of a Permit or the revoking of a Permit, the
Chief Building Official shall determine the amount of paid Permit fees that may be
refunded to the Applicant, if any, in accordance with the following;
17.1.1. Eighty percent refunded if administrative functions only have been
performed,
17.1.2. Forty-five percent refunded if administrative and plan examination
functions have been performed,
17.1.3. Thirty-five percent if the Permit has been issued and no field inspections
have been performed subsequent to Permit issuance, and
17.1.4. Five percent shall additionally be deducted for each field inspection related
to the application that has been performed.
17.1.5. No refund shall be provided if the calculated refund is less than $50.00.
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18.
Registered Code Agencies
18.1.
The Chief Building Official is authorized to enter into and sign contracts for service
agreements with a registered code agency and to appoint them to perform
specified functions described in Section 15.15 of the Act from time to time in order
to maintain the time periods for Permits prescribed in Subsection 1.3.1. of Division
C of the Building Code, subject to the availability of permit fee revenues.
19.
Notifications for Inspections and Reinspections
19.1.
Notices required by the Building Code or this by-law shall be made in writing to the
office of the Chief Building Official or to the City's dedicated inspection request
phone line as published on the City's web site for the stages of construction
specified herein.
19.2.
The Permit Holder shall notify the Chief Building Official or a registered code
agency where one is appointed, of each stage of construction for which a
prescribed notice is required under Sentence 1.3.5.1.(2) of Division C of the
Building Code.
19.3.
In addition to the notices prescribed in Sentence 1.3.5.1.(2) of Division C of the
Building Code, the Permit Holder shall notify the Chief Building Official or a
registered code agency where one is appointed, of the readiness for inspection for
the following stages of construction as authorized by Sentence 1.3.5.2.(1) of the
Building Code where applicable:
19.3.1.
commencement of construction of the building;
19.3.2.
commencement of construction of:
19.3.2.1.
masonry fireplaces and masonry chimneys;
19.3.2.2.
factory-built fireplaces and allied chimneys; and
19.3.2.3.
stoves, ranges, space heaters and add-on furnaces
using solid fuels and allied chimneys,
19.3.3.
substantial completion of interior finishes;
19.3.4.
substantial completion of heating, ventilating, air conditioning and air
contaminant extraction equipment;
19.3.5.
substantial completion of the pool deck and dressing rooms for a public
pool or public spa and readiness for inspection of the emergency stop
system for a public pool or public spa; and
19.3.6.
completion of a building for which an Occupancy Permit is required under
Article 1.3.3.4. of Division C of the Building Code.
19.4.
A notice described above is not effective until the notice is actually received by the
Chief Building Official or the registered code agency, if one is appointed.
19.5.
Where an inspection has taken place and a reinspection is required due to non-
compliant construction or incomplete construction the Permit Holder shall notify
the Chief Building Official or the registered code agency where one is appointed in
accordance with Subsection 19.1 of this by-law.
20.
Site Inspections
20.1.
The Permit Holder shall ensure that the Work for which notice has been given
remains available for inspection until the inspection has been performed and
passed by the Inspector, or the required notification period as identified in Article
1.3.5.3. of Division C of the Building Code has elapsed, whichever comes first.
20.2.
The Permit Holder shall facilitate safe access for the Inspector to all areas ready
for inspection.
20.3.
Upon request, the Permit Holder shall furnish the Inspector with an approved copy
of the permit drawings for reference during the inspection.
20.4.
The Corporation does not warrant in any way that inspected Work, even if passed,
ensures the constructed Work complies with all requirements of the Act or the
Building Code or the approved Permit documents.
20.5.
Reinspections are subject to additional service fees in accordance with Barrie's
Fees By-law.
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21.
As-Constructed Plans
21.1.
On completion of the construction of a building, the Chief Building Official may
require the Applicant to submit a set of as-constructed plans, including a plan of
survey showing the location of the building.
21.2.
Upon completion of the foundation, a building location survey prepared by a
registered Ontario Land Surveyor shall be submitted when requested by the
Inspector for new residential buildings and buildings under site plan agreement
with the Corporation or any other building as requested by the Inspector in order
to confirm compliance with any Building Code and/or zoning requirement.
21.3.
Prior to the commencement of framing for Houses, the Permit Holder shall provide
to the Inspector a surveyor's certificate prepared by a registered Ontario Land
Surveyor indicating the as-built top of foundation grade(s) in relation to the
proposed top of foundation grades submitted with the Permit application.
22.
Fencing at Construction and Demolition Sites
22.1.
Where, in the opinion of the Chief Building Official or Inspector, a Construction or
Demolition Sitel presents a hazard to the public, the Chief Building Official or
Inspector may require the Permit Holder to erect and maintain such fencing to the
standards and specifications that the Chief Building Official or Inspector deems to
be appropriate in the circumstances.
22.2.
In considering the hazard presented by the Construction or Demolition Sitel, the
necessity for fencing and the height and characteristics of such fencing, the Chief
Building Official or Inspector shall have regard for:
22.2.1. the proximity of the Construction or Demolition Site to other occupied
buildings;
22.2.2. the proximity of the Construction or Demolition Sitel to lands accessible to
the public, including but not limited to streets, parks and commercial and
institutional activities;
22.2.3. the hazards presented by the construction or demolition activities and
materials;
22.2.4. the feasibility and effectiveness of site enclosure fences; and
22.2.5. the expected duration of the hazard.
22.3.
Every fence required by this section shall:
22.3.1. be erected so as to fully enclose all areas of the Construction or Demolition
Sitel which present or is likely to present a hazard, prior to the
commencement or continuation of the construction or demolition activity;
22.3.2. create a continuous barrier and be sufficient to deter unauthorized entry;
22.3.3. have a height of not less than 1.2 metres above grade at any point, unless
the Chief Building Official or Inspector determines that a greater minimum
height is necessary;
22.3.4. if constructed of plastic mesh, snow fencing or other similar materials, be
securely fastened at 200 mm on centre to vertical posts installed not more
than 1.2 metres apart, and with horizontal members or a minimum 11
gauge cable at the top and the bottom; and
22.3.5. be maintained in a reasonably vertical plane and in good repair.
23.
Code of Conduct
23.1.
The Chief Building Official and all appointed Inspectors, being employees of the
Corporation shall be subject to the Corporation's Code of Conduct which is
deemed to comply with the requirement of Article 7.1 of the Act.
23.2.
Allegations of any breach of this Code by the Chief Building Official or any
Inspector shall be directed in writing to the Director of Human Resources for the
Corporation who, upon consideration, may conduct an inquiry or an investigation
into the matter.
24.
Offences and Penalties
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24.1.
Any person who contravenes any provision of this by-law is guilty of an offence
and is liable upon conviction to a fine as provided for in section 36 of the Act.
25.
Severability
25.1. Should any provision, or part thereof, of this by-law be declared by a court of
competent jurisdiction to be invalid for any reason, the provision shall be deemed
conclusively severed from the by-law and the remaining parts shall be read as if
the offending portion had been struck out.
26.
Miscellaneous
26.1. All Appendices and Schedules shall be and form part of this by-law.
26.2. A reference to the singular or to the masculine shall be deemed to refer to the
plural or feminine as the context may require.
27.
Repeal and Transition
27.1.
Sections 2, 3 and 4 of By-law 82-45, as amended, are hereby repealed.
27.2.
Notwithstanding the foregoing, for any application for a permit received prior to this
by-law coming into force, the provisions of By-law 82-45, as amended, shall remain
in force and effect for the purposes of that application.
28.
Effective Date
28.1
This by-law shall come into force and effect on the day of passing.
READ a first and second time this 15th day of April 2013.
READ a third time and finally passed this 15th day of April 2013.
THE CORPORATION OF THE CITY OF BARRIE
"ORIGINAL SIGNED"
MAYOR - J.R. LEHMAN
"ORIGINAL SIGNED"
CITY CLERK - DAWN A. MCALPINE
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APPENDIX "A" TO BY-LAW 2013-070
CLASSES OF PERMITS
DRAWINGS AND DOCUMENTS REQUIRED
Classes
of
Permits
Drawings and Documents Required
Site
Plan
Grading
Plan
Architectural
Structural Mechanical
and
Electrical
Site
Evaluation
Report
Supporting
Documents
1.
Construction
House - New,
Additions
√
√
√
√
√
√
√
House
-
Alteration
√
√
√
√
√
House
-
Ancillary
√
√
√
√
√
Other
Residential -
New,
Additions
√
√
√
√
√
√
√
Other
Residential-
Alteration
√
√
√
√
√
Industrial,
Commercial,
Institutional -
New,
Additions
√
√
√
√
√
√
√
Industrial,
Commercial,
Institutional -
Alteration
√
√
√
√
√
Farm - New,
Additions
√
√
√
√
√
√
√
Farm
-
Alteration
√
√
√
√
√
Designated
Structure
including
signs
√
√
√
√
√
Temporary
Structure
including
tents
and
stages
√
√
√
√
√
2.
Conditional
√
3. Demolition
Part
3
Buildings
√
√
√
√
Part
9
Buildings
√
√
√
4. Change of
Use
√
√
5.
Occupancy
√
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1.
Unless specified otherwise by the Chief Building Official the following information shall be
shown on plans or Working drawings that accompany applications for permits;
a) The Site Plan shall show:
i. The legal description of the property.
ii. The location and orientation of all relevant property lines.
iii. The dimensions along the property lines.
iv. The compass orientation of the property.
v. The location and name of adjacent streets.
vi. The outline of all existing and proposed buildings and structures on the
property, all pertinent building dimensions, and the distance between the
buildings, and between the buildings and the property lines.
vii. All existing rights-of-way and easements.
viii. All existing and proposed site services for water, sewers, hydro and gas.
ix. All nearest existing and proposed fire hydrants.
x. The location and dimensions of all on-site parking spaces, vehicle access
routes, loading bays and fire access routes.
xi. The location and dimensions of all barrier-free parking spaces, curb cuts
and paths of travel to the buildings.
b) The Grading Plan shall show:
i. The legal description of the property.
ii. The location and orientation of all relevant property lines.
iii. The dimensions along the property lines.
iv. The compass orientation of the property.
v. The location and name of adjacent streets.
vi. The outline of all existing and proposed buildings and structures on the
property, all pertinent building dimensions, and the distance between the
buildings, and between the buildings and the property lines.
vii. All existing rights-of-way and easements.
viii. Existing and proposed grade elevations within the site and at property
lines.
ix. The location of existing and proposed drainage swales with arrows
indicating the slope of the swales and the direction of flow.
x. The general slope of the ground and the driveway.
xi. The location of any discharge outlet for a sump pump and any eavestrough
downspouts.
xii. The location of any catch basins, ditch inlets or third pipe inlets.
xiii. The top of foundation elevation and the underside of footing elevations for
all buildings, and the proposed surface grade adjacent to any buildings.
xiv. The first-floor elevation and the elevation of the garage floor for every
House.
xv. The location of all egress doors from the building and the number of risers
required between the door threshold and the adjacent ground.
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xvi. The certification stamp of the subdivision developer's consultant engineer
where the project is a new House within a plan of subdivision where the
subdivider's agreement requires the grading plan to comply with an
approved general grading plan for the subdivision.
c) The Architectural Drawings shall show:
i. Floor plan layout for each floor including basements of the building
indicating the names and dimensions of all rooms and the location of all
interior and exterior walls and any openings in the walls or floor.
ii. Roof plan showing roof slope, drainage provisions and roofing materials.
iii. Building elevation drawings showing the location of exterior grades beside
the building, floor and ceiling heights, overall building height, exterior finish
materials, window heights and dimensions and spatial separation
requirements.
iv. Details of the wall, floor, ceiling and roof assemblies, and of all significant
connection details.
v. A matrix to identify the key building specifications regarding the building's
proposed use and occupancy.
vi. A matrix indentifying the method of compliance to satisfy the energy
efficiency requirements of the Building Code.
vii. Specifications where applicable.
d) The Structural Drawings shall show:
i. All foundation, floor, roof and wall structural elements indicating sizes and
shapes and proper location and all dead and live design loads and
condition of loading.
ii. All reinforced concrete Work indicating thickness and strength of concrete,
size, spacing, minimum cover and type of reinforcing steel.
iii. All lintels, column and beam locations and their size and snow drift loading.
iv. Where applicable, any dewatering report, shoring details or pile driving.
v. Guard design, where applicable.
e) The Mechanical/Electrical Drawings shall show:
i. 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, if room allows, this information can
be shown on the same plan as the architectural.
ii. Heat loss and heat gain calculations for the building and the sizing of the
heating and cooling equipment as applicable.
iii. 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, if room allows, this information can
be shown on the same plan as the architectural.
iv. Sprinkler and Standpipe drawings are to include floor plans and riser
diagrams to locate the entire system including connections, sprinkler
heads.
f)
The Site Evaluation Report for On-Site Sewage Systems shall include the
following:
i. The date the evaluation was done;
ii. The name, address, telephone number and signature of the person who
prepared the evaluation; and
iii. A scaled site plan showing;
1.
the legal description, lot size, property dimensions, existing rights-
of-way, easements or municipal/utility corridors;
2.
the location and clearances of items listed in Column 1 of Tables
8.2.1.5., 8.2.1.6.A., 8.2.1.6.B and 8.2.1.6.C. of Division C of the
Building Code;
3.
the location of the proposed sewage system;
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4.
the location of any unsuitable, disturbed or compacted areas;
5.
proposed access routes for system maintenance;
6.
depth to bedrock;
7.
depth to zones of soil saturation;
8.
soil properties, including soil permeability; and
9.
soil conditions, including the potential for flooding.
g)
Supporting documentation to confirm compliance with Applicable Law shall
include:
i. A property survey prepared by an Ontario Land Surveyor.
ii. The registered plan number and lot number for the property.
iii. Confirmation from the Engineering Department/ Planning Services
Department and/or Building Services Department that all prerequisite
Work as specified in a Subdivider's Agreement for the servicing of the lot
has been completed if the proposed Work is a new building on a vacant
lot within a plan of subdivision.
iv. Confirmation from the Planning Services Department that a Development
Agreement, if required, has been registered when the property is regulated
by Site Plan Control.
v. Approval from the Building Standards Branch of the Building Services
Department that the proposed use and development of the property
complies with the municipal Zoning By-law.
vi. Approval from Council where the building has been designated as a
heritage building.
vii. Approval from the Lake Simcoe Region Conservation Authority and/or the
Nottawasaga Valley Conservation Authority that the proposed use and
development of the property is in compliance with the requirements of the
Authority, if any portion of the property lies within a designated watershed
boundary for flood management or ground stability.
viii. Approval from the Ministry of Transportation that the proposed use and
development of the property satisfies the requirements of the Ministry, if
any portion of the property lies within the designated areas along the
Highway 400 corridor.
ix. Approval from the Ministry of Environment that the proposed use and
development of the property satisfies the requirements of the Ministry, if
applicable.
x. Confirmation that all required development charges, lot levies and special
charges applicable by any municipal by-law have been paid in full, if
applicable.