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THE CORPORATION OF THE TOWNSHIP OF BECKWITH
BY-LAW NUMBER: 02-03
A
By-law
respecting
Construction,
Demolition,
Change
of
Use
Permits
Inspections
and related
matters.
WHEREAS Section
7 of the
Building
Code Act,
1992,
empowers Council
to
pass
certain
by-laws
respecting
construction,
demolition,
change of use permits
and inspections.
NOW THEREFORE THE COUNCIL
OF THE CORPORATION
BECKWITH ENACTS AS FOLLOWS:
SHORT TITLE
OF THE TOWNSHIP OF
1.1
This
By-law
may be cited
as the
"Building
By-law".
DEFINITIONS
AND WORD USAGE
2.1
"Act"
means
the
Building
Code Act,
1992,
Chapter
23,
including
amendments
thereto.
llapplicantlv
means the
owner
of
a building
or
property
who applies
for
a permit
or an agent
authorized
by the
owner
in
writing
to
apply
for
a permit
on the
owner's
behalf.
llbuilding'l
means building
as defined
in
Section
l(1)
of
the Act.
"Building
Code"
means
the
regulations
made
under
Section
34 of
the
Act,
known
as The Ontario
Building
Code.
"Chief
Building
Official"
means
the
Chief
Building
Official
appointed
by Council
by By-law,
under
Section
3 of
the
Act,
for
the
purposes
of
enforcement
of
the
Act.
'1 communication
tower"
means
a
tower
as
designated
by
subsection
2.1.2.1.
of
the
Ontario
Building
Code.
lwCorporationll
means the
Corporation
of
the
Township
of
Beckwith.
l~Councill~
means the
Council
of
the
Corporation
of
the
Township
of Beckwith.
" deck"
means
an
out
door
floor
and
railing
system
adjacent
to
a dwelling
unit.
"farm
building"
means a farm
building
as defined
in the
Building
Code.
mpennitv~
means written
permission
or
authorization
in
writing
by the
Chief
Building
Official
to
perform
work
regulated
by the
Act
and Building
Code,
or
to
occupy
a
building
or part
thereof.
"plumbing"
means plumbing
as defined
in
Section
l(1)
of
the
Act.
n simple
structure
farm
storage
building"
means
a pole
type
structure
with
either
a tarp
or
conventional
roof
used
for
hay
or
other
storage
on a farm.
wTownshipll
means
the
Corporation
Beckwith.
of
the
Township
of
CLASSES OF PERMITS
3.1
Classes
of
permits
required
for
construction,
demolition,
plumbing
or change
of
use are
set
forth
in
Schedule
llA1l appended
to
and forming
part
of
this
By-
law.
PERMIT APPLICATION
4.1
(1)
(2)
(3)
(4)
4.2
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
To
obtain
a
permit
application
in
writing
available
from
the
prescribed
form
shall
the
applicant
shall
file
an
by completing
a prescribed
form
chief
building
official.
The
be
set
out
in
Schedule
I'D"
to
this
By-law.
The
applicant
shall
supply
any
other
information
relating
to
the
application
as required
by
the
chief
building
official,
including
but
not
limited
to:
a copy of the
registered
deed for
the
is deemed applicable;
a permit
from
the
local
Health
Unit
sewage disposal
system
if
applicable;
property
where
it
for
the
private
state
whether
any
fill
will
be brought
in
or
removed
from the property;
and
be
accompanied,
where
applicable
by
any
other
certificates
of
approval
issued
by
the
Lanark,
Leeds
and
Grenville
District
Health
Unit,
the
Mississippi
Valley
Conservation
Authority
or
the
Rideau
Valley
Conservation
Authority
or
any other
approvals
required
from other
authorities
having
jurisdiction.
Every
application
for
a permit
shall
be
submitted
to
the
Chief
Building
Official,
and contain
the
following
information:
identify
and describe
in
detail
the
work
and occupancy
to
be covered
by the
permit
for
which
the
application
is made;
identify
and describe
in
detail
the
existing
uses
and
the
proposed
use(s)
for
which
the
premises
are
intended;
describe
the
land
on which
the work
is
to be done,
by a
description
that
will
readily
identify
and
locate
the
building
lot.
be accompanied
by complete
plans
and specifications
as
described
in
this
By-law
for
the
work
to
be covered
by
the
permit
and show the
occupancy
of
all
parts
of
the
building;
be accompanied
by the required
fee;
state
estimated
valuation
.of
the
proposed
work
including
the
cost
of
all
material,
labour,
equipment,
overhead
and related
services.
state
the
names,
addresses
and telephone
numbers
of the
owner,
agent,
architect,
engineer
or
other
designer,
and the
constructor
or
person
hired
to
carry
out
the
construction
or demolition,
as the case may be;
when
Section
2.3
of
the
Building
Code
applies,
be
accompanied
by a signed
acknowledgement
of
the
owner,
that
an architect
or
professional
engineer,
or
both,
have
been
retained
to
carry
out
the
general
review
of
the construction
or demolition
of the building;
include,
where
applicable,
the
registration
number
of
the
builder
or
vendor
as provided
in
the
Ontario
New
Home Warranties
Plan Act;
and
be signed
by the
applicant
who shall
certify
as to
the
truth
of the
contents
of the application.
4.3
(1)
(2)
(3)
4.4
(1)
(2)
(3)
3
In
addition
to
the
requirements
of
Section
4.2(1)to(10),
every
plumbing
permit
application
shall
be accompanied
by
specifications
and
working
drawings
of the plumbing
when:
the
building
in
which
the
plumbing
is
to
be installed
is
required
to
be
designed
and
reviewed
by
an
architect,
professional
engineer
or
both
pursuant
to
Section
2.3 of the Building
Code;
the
plumbing
system
serves
more than
one dwelling
unit
or
suite
and
the
work
consists
of
more
than
eight
fixtures
and appliances
; and
without
limiting
the
generality
of
the
foregoing,
the
working
drawings/specifications
shall
show
the
layout
of
the
plumbing
system
including
the
supply
system,
the
fixtures,
the
drainage
system,
the
venting
system
and
the
storm
drainage
system
including
the
certification
standard
and
trade
size
of
the
components
of
the
systems
and including
those
of appurtenances.
In addition
to the
requirements
of
Section
4.2(l)to(lO)
above,
every
demolition
permit
application
shall:
when Sentence
2.2.2.3.
(1) of
the
Building
Code
applies,
be accompanied
by structural
design
characteristics
of
the
building,
letters
of
undertaking
from
the
professionals
responsible
for
the
field
review,
and of
the method
and of the demolition;
be accompanied
by satisfactory
proof
that
arrangements
have
been
made with
the
proper
authorities
for
the
cutting
off
and
capping
of
all
water,
sewer,
gas,
electric,
telephone
or
other
utilities
and
services;
and
confirmation
that
the
building
is
not
designated
"Heritage
Building".
CONDITIONAL
PERMITS
4.5
Even
though
all
requirements
have
not
been
met
to
obtain
a building
permit
under
subsection
8.- (2),
of
the
Act,
the
Chief
Building
Official
may
issue
a
conditional
permit
for
any stage
of
construction
if
all
the
requirements
of
subsection
8.-(3)
(a)to(c)
of
the
Act
and Article
2.4.1.3.
of
the
Building
Code have been
met.
4.5.1.
In addition
to
the
requirements
of
Section
4.2(l)to(lO)
of
this
By-law,
every
conditional
permit
application
shall
state
the
reasons
why the
applicant
believes
that
unreasonable
delays
in
construction
would
occur
if
a
conditional
permit
is not granted
; and
4.5.2.
State
the
necessary
approvals
which
must be obtained
in
respect
of
the
proposed
building
and the
time
in
which
such approvals
will
be obtained.
PARTIAL
PERMITS
5.1
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 for
and
fees
paid
for
the
complete
project.
In
addition
to
the
requirements
of
Section
4.2(l)to(lO)
of
this
By-law,
an
application
for
a
partial
permit
shall
include,
complete
plans
and specifications
covering
the
portion
of the work
for
which
expeditious
approval
is desired.
5.2
A partial
permit
shall
be issued
only
when the
proposed
construction
complies
with
the
Act,
Building
Code and
any other
applicable
law ; and
5.3
5.4
4
the
fees
payable
include
a
partial
permit
fee
in
addition
to other
permit
fees
as per
Schedule
"A".
Where
a permit
is
issued
for
part
of
a building
or
project
this
shall
not
be
construed
to
authorize
construction
beyond
the
plans
and
specification
for
which
approval
was
given
nor
that
approval
will
necessarily
be
granted
for
the
entire
building
or
project.
CHANGE OF USE PERMIT
6.1
In
addition
to
the
applicable
requirements
of
Section
4.2(l)to(lO),
of
this
By-law,
every
change
of
use
permit
application
shall:
(1)
describe
the
building
or
part
thereof
in
which
the
occupancy
is to be changed;
and
(2)
include
plans
and specifications
which
show the
current
and proposed
occupancy
of
all
parts
of
the
building,
and which
contains
sufficient
information
to
establish
compliance
with
the
requirements
of
the
Building
Code
including
floor
plans,
details
of
wall,
floor
and roof
assemblies,
identifying
fire
resistance
ratings
and
load
bearing
capacities.
EQUIVALENTS
7.1
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
the
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.
(3)
evidence
that
the
proposed
material,
system
or building
design
will
provide
the
level
of
performance
required
by the
Building
Code.
PLANS AND SPECIFICATIONS
8.1
(1)
(2)
(3)
(4)
Every
applicant
for
a permit
shall
furnish:
sufficient
plans,
specifications,
documents
and
any
other
information
to enable
the
Chief
Building
Official
to
determine
whether
the
proposed
construction,
demolition,
plumbing
or
change
of
use
permit
conforms
to
the
Act,
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 the plans
and specifications.
Plans
shall
be drawn
to
scale
on paper,
cloth
or other
durable
material,
shall
be
legible
and,
without
limiting
the
generality
of
the
foregoing,
shall
include
such
working
drawings
as
set
out
in
Schedule
"B"
to
this
By-law
unless
otherwise
specified
by
the
Chief
Building
Official.
A site
plan
referenced
to a plan
of
survey
certified
by
a registered
Ontario
Land Surveyor
and a copy of
such a
survey
shall
be filed
with
the
Municipality
unless
this
requirement
is
waived
because
the
Chief
Building
Official
is
able,
without
having
a
current
plan
of
survey,
to determine
whether
the
proposed
work
conforms
to
the
Act,
Site
plans,
Building
Code
or any other
applicable
law.
except
those
subject
to
the
Site
Plan
Control
By-law,
shall
include:
5
(a)
(b)
(cl
8.2
lot
size
and
the
dimensions
of
property
lines
and
setbacks
to any existing
or proposed
buildings;
existing
and finished
ground
levels
or grades;
and
existing
rights
of
wayI
easements
and
municipal
services.
Every
applicant
for
a ground
or
water
source
heat
pump
permit
shall
furnish
a report
prepared
by
a qualified
hydrologist
or
engineer
which
shall:
;2,
set
out
the
feasibility
of
the
installation;
certify
that
the
installation
will
not
negatively
impact
water
supply
and
water
quality
for
either
the
existing
dwelling
or
the
area;
(iii)
certify
that
the
design
and
installation
conforms
to
the
minimum
standards
as
set
out
in
the
Ontario
Building
Code
and
the
Township
of
Beckwith
policy
for
well
compliance.
CHANGES TO PLANS,
SPECIFICATIONS
MD
OTHER DOCUMENTS
9.1
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,
a
fee
shall
be
payable
in
accordance
with
Schedule
l'A1' of this
By-law.
FEES
10.1
The
Chief
Building
Official
shall
determine
the
required
fees
payable
in
accordance
with
Schedule
"A"
for
the
work
proposed
and the
applicant
shall
pay such
fees
and which
are
due and payable
upon
submission
of
an application
for
a permit.
10.2
10.3
Where the
fees
payable
in
respect
of
an application
for
a
construction
or
demolition
permit
issued
under
subsection
8(l)
of
the
Act
or
a
conditional
permit
issued
under
subsection
8(3)
of
the
Act
are
based
on a
floor
area,
as determined
by
Schedulel'A1'
of
this
By-
law,
floor
area
shall
mean
the
total
space
of
all
storeys
above grade
(or
below
grade
for
an underground
home)
and
all
finished
space
below
grade
measured
as
the
horizontal
area
between
the
exterior
walls
of
the
building,
provided
that
where
application
is
made for
a
partial
or
conditional
permit,
fees
shall
be paid
for
the complete
project.
Where fees
payable
in
respect
of
an application
for
a
construction
or
demolition
permit
issued
under
subsection
8(l)
of
the
Act
or
a
conditional
permit
under
subsection
8(3)
of
the
Act
are
based
on the
cost
of
valuation
of
the
proposed
work,
as
determined
by
Schedule
l'A1' of
this
By-law,
the
cost
of
valuation
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,
provided
that
where
application
is
made for
a partial
or conditional
permit,
fees
shall
be paid
for
the complete
project.
10.4
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.
6
REFUNDS
11.1
In
the
case
of
withdrawal
of
an
application
or
the
abandonment
of all
or a portion
of
the
work
or the
non-
commencement
of
any
project,
the
Chief
Building
Official
shall
determine
the
amount
of paid
permit
fees
that
may
be
refunded
to
the
applicant,
if
any,
in
accordance
with
Schedule
aCV' attached
to
and
forming
part
of this
By-law.
NOTICE REQUIREMENTS FOR INSPECTIONS
12.1
The owner
or an authorized
agent
shall
notify
the
Chief
Building
Official
at
least
two
(2)
business
days
prior
to
each
stage
of
construction
for
which
notice
in
advance
is required
under
the Building
Code.
FORMS
13.1
The
forms
prescribed
for
use
as
applications
for
permit,
for
permits,
for
orders
and
for
inspection
reports
shall
be set
out
in
Schedule
"D"
to
this
By-
law.
AS CONSTRUCTED PLANS
14.1
FENCING
15.1
15.2
15.3
(1)
(2)
(3)
(4)
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.
The Chief
Building
Official
may require
that
a fence
be
erected
and maintained,
enclosing
any
construction
or
demolition
site.
The fence
required
under
Section
15.1,
above,
shall
be
a minimum
of
4 feet
high
(1.2
metres)
and a maximum of
6 feet
(1.8
metres),
to
be measured
from
the
highest
adjacent
ground.
Every
fence
required
under
this
by-law
shall
be located
on the
perimeter
of
the
construction
or demolition
site
as
determined
by
the
Chief
Building
Official
and
constructed
as follows:
If
of
chain
link
construction,
the
chain
link
shall
be
fastened
to
a 1 l/2
in.
diameter
metal
bar
which
is
securely
fastened
to
metal
posts
at
not
more
than
10
ft.
on centre
and embedded into
the
ground
to provide
a
rigid
support;
If
of wood construction,
the
exterior
face
shall
be l/2
in.
exterior
grade
plywood,
particle
board
or
equivalent
material
that
will
not
provide
footholds
for
climbing.
The facing
shall
be supported
by
2 in.
x 4
in.
nominal
size
posts
spaced
not
more
than
8 ft.
on
centre
and embedded
into
the
ground
to
provide
a rigid
support;
If
the
fence
is
of the
snow fence
or plastic
mesh type,
the
fencing
should
be securely
fastened
to
T-bar
posts
at
not
over
10 ft.
on
centre
and
embedded
into
the
ground
to provide
a rigid
support;
Other
materials
may be provided
for
openings
sufficient
to
accommodate
construction
vehicles,
machines
and any
other
equipment
providing
services
to
the
construction
or
demolition
site
provided
that
these
opening
are
closed
off
when the
site
is
shut
down for
the day.
TRANSFER OF PERMIT
16.1
(1)
Permits
are
transferable
from
owner
to
owner
only
upon
completing
a new permit
application
to
the
requirements
of Section
4;
(2)
A fee,
as prescribed
in
Schedule
"A"
shall
be payable
on a transfer
of permit;
and
(3)
The new owner,
shall
thenceforth
be the
permit
holder
for
the purpose
of the Act
and the
Building
Code.
PENALTIES
17.1
Any person
who contravenes
any portion
of
this
By-law,
is
guilty
of
an
offence
and
liable
to
a
fine
as
provided
for
in Section
36 of the
Act.
SEVERABILITY
18.1
Should
any section,
subsection,
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
this
By-law
as
a whole
or
any
part
thereof,
other
than
the part
so declared
to be invalid.
REPEAL
19.1
By-law
Number
95-34
as
amended,
is
hereby
repealed.
Additions
and
amendments
to
By-law
Number
95-34
are
shown
in
italics
Read a first
time
this
8th day of January,
2002.
Read a second
time
this
8th day of January,
2002.
Read a third
time
and passed
this
8th day of January,
2002.
Ri'chard
Kidd',
Reeve
Ross Trimble,
Clerk
8
SCHEDULE "A"
TO BY-LAW N0.02-03
Respecting
CLASSES OF PERMITS
AND FEES
CLASS OF PERMIT
PERMIT
FEE
BUILDING
PERMIT
-Residential
Building
-Residential
Additions
-$0.40
per
square
foot
of
floor
area
-where
work
includes
-PLUS $0.25
per
square
foot
a finished
basement
of
floor
area
-where
work
includes
plumbing
-PLUS $25.00
PLUS $5.00
per
each new fixture
or
alteration
of each fixture
BUILDING PERMIT
-Storage
Shed
-Residential
Garage
-Finished
Basement
-Deck
-$0.25
per
square
foot
of
floor
area
-where
work
includes
plumbing
-PLUS $25.00
PLUS $5.00
per
each new fixture
or
alteration
of each fixture
BUILDING PERMIT
-Solid
Fuel
Burning
Equipment
-$50.00
per unit
BUILDING PERMIT
-Assembly
Occupancy
-Institutional
Occupancy
-Industrial
Occupancy
-Business
and Personal
Services
Occupancy
-Mercantile
Occupancy
-$0.32
per
the
first
2000
square
feet
of
floor
area,
then
$0.28
per
square
foot
of the
remaining
floor
area.
BUILDING PERMIT
-Renovation
-Repair
-Material
Alteration
-Communication
Tower
-$lO.OO
per
$1,000.
or part
thereof
of the
estimated
valuation
of the work.
-where
work
includes
-PLUS $25.00
PLUS $5.00
per
each new fixture
or
alteration
of each fixture
plumbing
BUILDING PERMIT
-Farm Building
-Simple
Structure
Storage
Building
GROUND OR WATER SOURCE
DEMOLITION
ADMINISTRATION
FEES
Farm
HEAT PUMP
-$0.15
per
square
foot
of
floor
area.
-$O.lO
per
square
foot
of
floor
area
to a Maximum of
$200.00
-$lOO. 00
-$50.00
flat
rate.
(1)
A fee
of 25% of
the
total
permit
fee(s),
Schedule
m AN , may
be administered
and collected
for
construction
demolition
or
change
of use without
a permit.
The Administration
fee
shall
be in addition
to other
required
permit
fee(s),
at
time
of
issuance.
(2)
A fee
of $75.00
(seventy-five
dollars)
shall
be administered
and collected
for
occupancy
or final
inspection
that
are
required
for
a building
permit
over
4 (four)
years
old.
PAGE 2 OF SCHEDULE "A"
CLASS OF PERMIT
PERMIT
FEE
PARTIAL
PERMIT -
-The
permit
fee
for
a partial
permit
shall
be subject1
to
an additional
surcharge
of
$50.00.
CONDITIONAL
PERMIT
CHANGE OF USE PERMIT
SIGN PERMIT
-where
regulated
under
the
Building
Code.
DESIGNATED
STRUCTURES
- $10.00
per
$1,000.
or
part
-where
regulated
under
thereof
of
the
estimated
the
Building
Code.
valuation
of
the
work.
-The
permit
fee
for
a
conditional
permit
shall
be
subject
to
an additional
surcharge
of
20% of
the
full
permit
fee,
but
not
greater
than
$200.
In
addition,
the
cost
of
the
agreement
shall
be at
the
expense
of
the
applicant.
-Where
a permit
is
required
under
Part
10 of
the
Building
Code,
for
a change
of
use
but
no construction
is
required
the
fee
shall
be $100.
- $50.00
per
sign.
Minimum
permit
fees
shall
be
$50.00.
SCHEDULE "B"
TO BY-LAW
RESPECTING
List
of
Plans
or
Working
Drawings
to
accompany
applications
for
permits
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
The
Site
Plan
Floor
Plans
Foundation
Plans
Framing
Plans
Roof
Plans
Reflected
Ceiling
Plans
Sections
and
Details
Building
Elevations
Electrical
Drawings
Heating,
Ventilation
and Air
Conditioning
Drawings
Plumbing
Drawings
Note:
The
Chief
Building
Official
may specify
that
not
all
the
above-mentioned
plans
are
required
to
accompany
an
application
for
permit.
SCHEDULE "C!"
TO BY-LAW NO.
Respecting
REFUND OF PERMIT FEES
1.
The fees
that
may be refunded
shall
be a percentage
of the
fees
payable
under
this
By-law
as follows:
(1)
(2)
(3)
(4)
(5)
80 percent
if
administration
functions
only
have been
performed.
70 percent
if
administration
and zoning
functions
only
have been performed.
45 percent
if
administration,
zoning
and plan
examination
have been performed.
35 percent
if
the permit
has been issued
and no field
inspections
have been performed
subsequent
to permit
issuance.
5 percent
shall
additionally
be deducted
for
each field
inspection
that
has been performed
after
the permit
has
been issued.
2.
Notwithstanding
Section
1 above,
no refund
shall
be made of
an amount
less
than
$20.00.
3.
Refunds
shall
not
be granted
unless
the
owner
requests
a
refund
in writing
to the
Chief
Building
Official
within
six
(6) months
of
issuance
of the permit.
SCHEDULE "D"
TO BY-LAW
RESPECTING
FORMS
Form
1
Application
for
a Building
Permit,
Conditional
Permit,
Demolition
Permit
and
Change
of
Use
Permit
Form
2
Building
Permit,
Conditional
Permit,
Demolition
Permit
and
Change
of
Use
Permit
Form
3
Inspection
Report
Form
4
Order
To Comply
Form
5
Order
To Stop
Work
Form
6
Order
To Remedy
Unsafe
Building
Form
7
Order
To Prohibit
Occupancy
Of Unsafe
Building