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Chapter 429
BUILDING CODE - IMPLEMENTATION
CHAPTER INDEX
429.1
SHORT TITLE
429.1.1
This By-law may be cited as the "Building By-law"
429.2
DEFINITIONS
429.2.1
In this By-law:
a) "Act" means the Building Code Act, 1992, S.O. 1992, c.23. as amended.
b) "Applicable Law" means applicable law as defined by the Building Code, O.
Reg. 332/12, as amended.
c) "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.
d) "As Constructed Plans" means as constructed plans as defined by the
Building Code.
e) "Building" means a building as defined in subsection 1(1) of the Act.
f) "Building Code" means the regulations made under section 34 of the Act.
g) "Business Day" means any day other than a holiday as defined in the
Interpretation Act, Saturday, Boxing Day, or day proclaimed by the head of
Council to be a civic holiday.
h) "Chief Building Official" means a Chief Building Official appointed by by-law
by the City for the purposes of enforcement of the Act.
i) "Complete permit application" means an application satisfying the
requirements of sentence 1.3.1.3(5) of Division C of the Building Code and the
requirements of this By-law.
j) "Construct" means construct as defined in subsection 1(1) of the Act.
k) "City" means The Corporation of the City of Brantford.
l) "Demolish" means demolish as defined in subsection 1(1) of the Act.
m) "Designated Structure" means a designated structure as described in the
Building Code - Division A 1.3.1.1.
Page 2 of 21
n) "Inspector" means an inspector appointed by by-law by the City for the
purposes of enforcement of the Act.
o) "Owner" means the registered owner of property and includes a lessee,
mortgagee in possession, and the authorized agent in lawful control of the
property.
p) "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 Building
Code.
q) "Permit holder" means a person to whom a permit has been issued or where
a permit has been transferred, the new owner to whom the permit has been
transferred.
r) "Prescribed value" means the value established by the Chief Building Official
for the work for which a permit is applied for.
s) "Sewage system" means a sewage system as defined in Section 1(1) of the
Act.
t) "Work" means construction or demolition each as defined under the Act, of a
building or part thereof, as the case may be.
429.2.2
Terms not defined in this By-law shall have the meaning ascribed to them in the
Act, excepting sections 15.1 through 15.8, or the meaning ascribed them in the
Building Code.
429.2.3
For the purposes of interpretation of this By-law and subject to the Act and the
Building Code;
a) the requirements herein are in addition to the requirements of the Act and the
Building Code; and
b) classes of permits with respect to the construction, demolition and change of
use of buildings shall be as set out in Schedule "A" to this By-law.
429.3
LIST OF SCHEDULES
429.3.1
The following schedules are attached to and form part of this By-law:
a) Schedule "A" being the classes of permits required for construction, demolition
or change of use;
b) Schedule "B" being for the calculation of refunds of permit fees and the
deductions from fees based upon work performed under the permit;
c) Schedule "C" being the list of plans and documents required to be submitted
with permit applications;
d) Schedule "D" being the Appointment of the Chief Building Official and
Inspectors;
e) Schedule "E" being the Code of Conduct for the Chief Building Official and
Inspectors.
Page 3 of 21
429.4
PERMITS
429.4.1
To obtain any permit, a person entitled to make application under the Act and the
Building Code shall file a complete permit application, as determined at the
discretion of the Chief Building Official , with the Chief Building Official in writing or
electronically and on the prescribed form available at the offices of the Chief
Building Official, the City of Brantford's website, or from the Ministry of Municipal
Affairs and Housing's Ontario Building Code website and shall supply any other
information or forms relating to the application as required by the Act, the Building
Code, the Chief Building Official or this By-law.
429.4.2
Building Permits
The application for a building permit shall be accompanied by the required fees as
calculated in accordance with the City of Brantford Fees and Charges By-law and
shall provide sufficient information with the application to determine compliance
with the Act, the Building Code, applicable law, and this By-law, including but not
limited to:
a) identification and description in detail of the work, uses and occupancy to be
covered by the permit for which the application is made;
b) a description of the land on which the work is to be done, that will readily
identify and locate the site on which the construction or demolition is to occur;
c) plans and specifications as described in this By-law or as may be additionally
necessary, as determined by the Chief Building Official, to govern the nature or
extent of the construction, demolition or change proposed under the permit and
compliance with the Act, the Building Code, applicable law, and this By-law;
d) when subsection 1.2.2 of Division C of the Building Code applies, a signed
acknowledgement of the owner on a form prescribed by the Chief Building
Official that a duly qualified architect or professional engineer in good standing
with his/her respective governing bodies, or both, have been retained and are
engaged to oversee and carry out the general review of the construction or
demolition of the building to ensure compliance with the Act, the Building Code,
or any other applicable legislation or policy;
e) when subsection 1.2.2 of Division C of the Building Code applies, a signed
statement of the duly qualified architect or professional engineer in good
standing with his/her respective governing bodies, or both, on a form prescribed
by the Chief Building Official, undertaking to provide general review of the
construction or demolition of the building;
429.4.3
Demolition Permits
In addition to the requirements of subsections 429.4.1 and 429.4.2 above, every
demolition permit application shall;
a) include, when subsection 1.2.2. of Division C of the Building Code applies,
details of the structural design characteristics of the building and the method
and proposed time schedule of the demolition;
Page 4 of 21
b) provide written confirmation from the relevant authorities that arrangements
have been made with the authorities for the termination and capping of all
water, sewer, gas, electric, telephone or other utilities and services connect to
the property; and
c) include a completed "Schedule D" form.
429.4.4
Conditional Permits
In addition to the requirements of subsections 429.4.1 and 429.4.2 above, every
conditional permit application made under subsection 8(3) of the Act, shall require
the applicant and such other person as the Chief Building Official determines, to
enter into an agreement with the City which agreement sets out the obligations and
requirements of a conditional building permit.
The applicant shall provide a written statement, acceptable to the Chief Building
Official, giving the reasons why the applicant believes that unreasonable delays in
the construction would occur if a conditional permit is not issued.
The Chief Building Official may, where conditions and requirements imposed under
subsections 8(3) to 8(5) of the Act and this subsection have been fulfilled, issue a
conditional permit for a building subject to compliance with the Act, the Building
Code and any applicable law, the payment of the fees, and the provision of security
and agreements.
A permit holder in respect of an issued conditional permit does not have permission
to proceed to construct or demolish or cause or permit construction or demolition to
proceed beyond the point authorized by the permit without obtaining a further
permit therefore, and the Chief Building Official by reason of the issuance of a
conditional permit or permits for a part or parts of the building shall not be under
any obligation to grant any further permit or permits.
429.4.5
Change of Use Permit
In addition to the applicable requirements of subsections 429.4.1 and 429.4.2
above, every change of use permit application shall:
(a) describe the building and the parts thereof in which the occupancy is to be
changed; and
(b) include plans and specifications which show the current and proposed
occupancy and use of all parts of the building, and which contain sufficient
information to establish compliance with the requirements of the Act and the
Building Code including floor plans, details of wall, floor and roof assemblies
identifying required fire resistance rating and load bearing capacities, and
details of the existing sewage system if any.
429.4.6
Additional Information
The acceptance or processing of an application under this By-law by the Chief
Building Official or the City of Brantford, shall not be deemed to prohibit the Chief
Building Official from requiring the applicant to supply further information, plans and
specifications or details, as may be necessary to:
Page 5 of 21
a) determine compliance with the Act, the Building Code, this By-law, applicable
law, any other City By-laws, or
b) as may be needed to determine the fees under this By-law
Failing the applicant supplying such further information requested, the application
may be found incomplete or denied.
429.4.7
Change to Information Supplied in Application
a) An applicant or permit holder shall give the Chief Building Official written notice
of any material change intended to be made to any plan, specification,
document, or other information on which the application was made, and permit
issued, and the applicant or permit holder shall supply the Chief Building Official
with details of such changes, and no construction shall be carried out in respect
of the change until written authorization is obtained from the Chief Building
Official.
b) Notwithstanding subsection 429.4.7(a) and the fact that construction or change
has been made without authorization, the applicant or permit holder shall supply
written notice to the Chief Building Official of any material change to any plan,
specification, document, or other information on which the application was
made, and permit issued, with details of all changes.
c) In respect of a material change and notice given under subsections 429.4.7(a)
and 429.4.7(b), the Chief Building Official will pursuant to this By-law, the Act,
and the Building Code, determine whether a further application or other
document must be filed, and timelines extended to review, consider, or approve
the change, and the applicable fees under this By-law arising from the change.
429.4.8
Incomplete or Inactive Permit Application
a) Where an application for a permit remains incomplete or inactive for six months
after it is submitted, the Chief Building Official may refuse to hold or process the
application by deeming it to have been abandoned and shall give written notice
to the applicant at the mailing address or email address indicated on the
application.
b) Where an applicant who has been given written notice under subsection
429.4.8(a) does not respond on the expiration of 10 business days from the
date of such notice, the permit application may be cancelled.
c) lf a permit is cancelled under subsection 429.4.8(b), all documents submitted as
part of the application for the permit, including but not limited to plans and
specifications, shall be destroyed in accordance with the City of Brantford
Records Retention By-law.
429.4.9
Approved Drainage and Grading Plans
Where the proposed construction and or demolition is subject to the City of
Brantford Site Alteration By-law as amended, the applicant/owner shall obtain
approval from the Development Engineering Review Division for such drainage and
grading plans and submit this approval as part of the building permit application.
429.5
PLANS AND SPECIFICATIONS
Page 6 of 21
429.5.1
Every complete permit application shall, unless otherwise specified by the Chief
Building Official, be accompanied by the plans and documents listed on Schedule
"C" and in accordance with the requirements of this section.
429.5.2
Every applicant shall provide as part of the application:
a) sufficient plans, specifications, documents, and other information, including
design calculations, to enable the Chief Building Official to determine whether
the proposed construction, demolition, or change of use conforms to the Act,
the Building Code, and any other applicable law; and
(b) site plans when required, to demonstrate compliance with the Act, the
Building Code or other applicable law. When deemed necessary by the Chief
Building Official to determine whether the proposed construction, demolition, or
change of use conforms to the Act, the Building Code, and any other applicable
law a certified plan of survey prepared by a licensed Ontario Land Surveyor
may be required.
429.5.3
Plans submitted shall be legible and be drawn to scale upon paper or such other
suitable and durable material or in electronic format as the Chief Building Official
may require.
429.5.4
The Chief Building Official shall determine and specify the number of plans,
specifications, documents, and other information required to be provided with an
application for permit having regard to the requirements of any Act, regulation or
by-law respecting the examination or circulation of the application beyond the
numbers specified in this By-law, which the applicant shall supply to complete the
application.
429.5.5
Plans of Survey
The Chief Building Official may require from the persons responsible for
construction, a certified plan of survey prepared by a licensed Ontario Land
Surveyor showing the location of the whole of, or any part of, any building and shall
be filed with the Chief Building Official prior to approval of occupancy.
429.5.6
As Constructed Plans
The Chief Building Official may require from the persons responsible for
construction, as constructed plans and/or specifications for the building constructed
if the construction differs from the approved permit plans.
429.5.7
Alternative Solutions
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 alternative solution for which approval
in accordance with section 2.1 of Division C of the Building Code is required,
the owner shall file the following information to the Chief Building Official:
a) An application on a form provided by the Chief Building Official;
b) A description of the proposed material, system or building design for which
authorization under Division C, Section 2.1. is requested;
Page 7 of 21
c) Supporting documentation demonstrating that the proposed material,
system or building design will provide the level of performance required by
the Building Code; and
d) Payment of the required fee in accordance with the City of Brantford Fees
and Charges By-law
e) Evaluation of proposed alternative solution will be reviewed by the Chief
Building Official in accordance with the Building Code and Act requirements.
429.5.8
Plans Become Property of Municipality
Plans and specifications furnished according to this By-law or otherwise required by
the Act, or the Building Code become the property of the municipality and will be
disposed of or retained in accordance with Records Retention By-law.
429.6
FEES
429.6.1
The Chief Building Official shall determine the required fees for the application,
calculated in accordance with the City of Brantford Fees and Charges By-law for
the work proposed.
429.6.2
Where the fees payable are based on the prescribed value of the proposed work in
respect of an application, the prescribed value of the proposed work shall mean the
total cost of all material, labour, equipment, overhead and professional and related
services but does not include the cost of the land.
429.6.3
Fees Payable Upon Application
a) The applicant shall pay the required fees upon application submission and
no permit shall be issued until the fees, therefore, have been paid in full.
b) Where the Chief Building Official has determined that the prescribed value
to construct a building has been underestimated, the Chief Building Official
may recalculate the permit fee to the revised prescribed value and the
adjustment to the permit fee will be collected when the building permit is
issued.
429.6.4
Fees for Conditional Permits
The conditional permit fee in accordance with the City of Brantford Fees and
Charges By-law shall be in addition to other applicable permit fees under this By-
law and shall not be used as a credit towards any other permit fees.
429.6.5
Work Commenced Prior to Permit Issuance
Every person applying for a permit, when construction, demolition, or a change in
the use of the building has commenced prior to the issuance of the required permit,
shall pay any additional fees as well as the permit fee set out in accordance with
the City of Brantford Fees and Charges By-law.
429.6.6
Fees for Additional Inspections
Page 8 of 21
Additional re-inspection fees may be imposed by the City in accordance with the
City of Brantford Fees and Charges By-law, where:
a) The permit holder has provided notice of an inspection, but the construction
was not ready for inspection or was not substantially complete when the
inspector attended the site, as determined by the inspector
b) The permit holder fails or neglects to cancel a scheduled inspection at least one
business day in advance of the scheduled inspection, which cancellation is
received by the City's Building Department during its regular business hours
c) Where a scheduled inspection is identified as not ready because the inspector
attended the site and determined that the approved plans were not available
onsite as required by the Building Code.
429.6.7
Refunds
Subject to subsection, upon written request by the permit holder or permit
applicant, the Chief Building Official shall determine the amount of fees, if any, that
may be refunded in accordance with Schedule "B" in the case of:
a) withdrawal of an application;
b) abandonment of the work;
c) refusal to issue a permit;
d) permit issued in error; or
e) request for revocation of a permit pursuant to paragraph 8(10)(e) of the Act.
There shall be no refund of permit fees where a permit has been revoked under
paragraphs 8(10)(a) or (f) of the Act.
429.7
PERMIT REVOCATION, DEFERRAL OF REVOCATION AND TRANSFER
429.7.1
Revocation of Permit
a)
Where the Chief Building Official considers revoking a permit under subsection
8(10)(a), (d) or (e) of the Act, the Chief Building Official shall give written notice
by regular mail or email of the revocation of the permit to the permit holder at
their last known address or email address and all submitted plans and other
information may be disposed of in accordance with the City of Brantford
Records Retention By-law.
b)
Where the Chief Building Official considers revoking a permit under subsection
8(10)(b), (c) or (f) of the Act, the Chief Building Official shall give written notice
by regular mail or email of the intention to revoke to the permit holder at their
last known address or email address and, if on the expiration of 10 business
days from the date of such notice, the grounds for revocation continue to exist,
the permit may be revoked without further notice and all submitted plans and
other information may be disposed of in accordance with the City of Brantford
Records Retention By-law.
429.7.2
Deferral of Revocation
Page 9 of 21
a)
Within 10 business days of receipt of a notice of intention to revoke a permit
under subsection 429.7.1.a) a permit holder may request of the Chief Building
Official in writing, that the Chief Building Official defer the revocation of such
permit, subject to the following conditions and processes in subsections
429.7.2.b) and 429.7.2.c)
b)
A request for deferral shall set out the reasons why the permit should not be
revoked, the date by which the work will be commenced, resumed, or
completed, and include the required building permit extension fee in
accordance with the City of Brantford Fees and Charges By-law.
c)
Having considered the circumstances of the request and having determined
that there have been no changes to the Act and the Building Code and any
other applicable law which would have prevented the issuance of the original
permit, the Chief Building Official may allow a deferral to a prescribed date and
shall notify the permit holder in the same manner above.
429.7.3
Transfer of Permit
a) Permits may be transferred by the Chief Building Official only upon the new
owner completing a permit application pursuant to the requirements of section
4, submitting the application and any permission required for use of existing
plans, specifications or documents submitted or used for the original permit or
such new information relied upon in compliance with subsections 429.4.7.a),
429.4.7.b) and section 429.5 of this by-law.
b) A fee shall be payable in accordance with the City of Brantford Fees and
Charges By-law. Upon approval of the transfer by the Chief Building Official,
which approval shall be at the sole discretion of the Chief Building Official, the
new owner shall then be the permit holder for the purpose of the Act and the
Building Code.
c) Where an application is made for a transfer of Permit because of change of
ownership of the property, the Applicant shall file all of the following information:
i) provide the name and address of both the former Owner and new Owner;
ii) the date that the property was transferred to the new Owner;
iii) the nature of the Permit being transferred;
iv) confirmation of the continuation of, or the particulars of any changes in, the
arrangements for general review of the construction on accordance with
Division C, Section 1.2, Design and General Review;
v) be accompanied by a completed and signed form as supplied by the Chief
Building Official; and
vi) payment of all fees.
429.8
NOTICES
429.8.1
Requirements for Inspections
Page 10 of 21
Notices for inspections respecting stages of construction as required by the
Building Code shall be given by the permit holder to the Chief Building Official in
advance of each stage of construction specified in the Building Code.
A notice pursuant to this section is not effective until written or oral notice is
confirmed to be received by the Chief Building Official.
An inspector shall, not later than two days after receipt of a notice given under
Sentence 8.1(1), undertake a site inspection of the building to which the notice
relates.
429.1.1
Where an inspection request is premature and the inspector must re-attend the site
to complete the necessary inspection, or an additional inspection is requested or
required, additional fees may be applicable in accordance with Section 429.6.6 of
this by-law.
429.9
FENCING
429.9.1
In addition to the requirements pertaining to Public Way Protection as set out in the
Occupational Health and Safety Act, the permit holder shall comply, and shall not
cause or permit any builder or constructor under the permit to fail to comply with the
provisions of this section. The City of Brantford's Fence By-Law does not apply to
the Chief Building Official's requirement for fencing under this section.
429.9.2
Where, in the opinion of the Chief Building Official, a construction or demolition site
presents a particular hazard to the public, the Chief Building Official may require
the erection of fencing around the construction or demolition site as set out in this
section.
429.9.3
In considering the hazard presented by a construction or demolition site and the
necessity for fencing the Chief Building Official shall have regard for:
a) the proximity of the construction or demolition site to occupied dwellings;
b) the proximity of the construction or demolition site to lands accessible to the
public, including but not limited to streets, parks, and commercial and
institutional activities;
c) the hazards presented by the construction or demolition activities and materials;
d) the feasibility and effectiveness of site fencing; and
e) the duration of the hazard.
429.9.4
Every fence required under this section shall be a minimum of 1.2 metres and a
maximum of 1.8 metres in height, as measured from the highest adjacent grade.
429.9.5
Every fence required under this section shall be located on the perimeter of the
construction site as determined by the Chief Building Official and constructed as
follows:
a) if of chain link construction, the chain link shall be securely fastened to at least
38mm diameter metal tube or pipe or the same thickness T-bar posts. Such
metal posts shall not be more than 3.04m on centre and embedded into the
ground, providing a secure and rigid support;
Page 11 of 21
b) if of wood construction, the exterior face shall be at least 12.7mm thick exterior
grade plywood, particle board or equivalent material constructed so as not to
provide footholds for climbing. The fencing shall be supported by at least 38mm
wide by 89mm thick posts spaced at not greater than 2.43m on centre and
embedded into the ground, providing a secure and rigid support;
c) if the fence is of the snow fence or plastic mesh type, the fencing shall be
securely fastened to T-bar posts at not greater than 2.43m on centre and
embedded into the ground, providing a secure and rigid support and that a
38mm x 89mm top rail be secured to the post and fencing secured to 38mm x
89mm rail.
d) other materials or methods may be substituted provided that there is an
equivalent barrier between properties and an equivalent degree of safety and
support provided.
e) the use of barbed wire and razor wire are prohibited.
429.9.6
The fence may be provided with openings sufficient to accommodate equivalent
construction vehicles, machines and any other equipment providing services to the
construction site provided that these openings are closed off in such a manner that
the site is not accessible by members of the public, when no construction is being
carried out on site including daily shutdowns.
429.10 CODE OF CONDUCT
429.10.1 The Chief Building Official and inspectors shall be governed by the Code of
Conduct set out in Schedule "E", with respect to exercising powers and performing
duties under the Act.
429.11 REGISTERED CODE AGENCIES
429.11.1 The Chief Building Official is authorized to enter into an sign contacts for service
agreements with Registered Code Agencies and appoint them to perform specified
functions from time to time in order to maintain the time periods for issuance of
permits and conducting of inspections as prescribed in the Ontario Building Code.
429.11.2 The Registered Code Agency may be appointed to perform one or more of the
specified functions described in the Act.
429.12 SEVERABILITY
429.12.1 Should a court of competent jurisdiction declare a part or whole of any provision of
this By-law to be invalid or of no force and effect, the provision or part is deemed
severable from this By-law, and it is the intention of Council that the remainder
survive and be applied and enforced in accordance with its terms to the extent
possible under law.
429.13 ENFORCEMENT
429.13.1 Any person found to be in contravention of any provision of this Chapter is guilty of
an offence and upon conviction is liable to a fine as prescribed in Section 36 of the
Act.
Page 12 of 21
429.14 REPEAL
429.14.1 The Corporation of the City of Brantford By-laws 10-94, 37-2006, 116-2016, 66-
2017, 53-2018 are hereby repealed (as previously contained in Chapter 429 of the
City of Brantford Municipal Code).
429.14.2 All applications made and permits issued under By-laws 10-94, 37-2006, 116-2016,
66-2017, 53-2018 shall be deemed to be applications made and permits issued
under this By-law and all rules, requirements and regulations of this By-law shall
apply, with all necessary modifications.
429.15 EFFECTIVE DATE
429.15.1 This Chapter shall come into full force and effect on the day of passing of the
enabling bylaw. By-law 20-2023, 28 February, 2023.
Page 13 of 21
SCHEDULE "A"
BY-LAW NUMBER 20-2023
CLASSES OF PERMITS
Classes of permits shall be as follows:
Group A - Assembly Occupancies - New construction
Group B - Institutional Occupancies - New construction
Croup C - Residential Occupancies - New construction
Group C - Residential Occupancies (hotels/motels) - New construction
Group D - Business and personal Service Occupancies - New construction
Group E - Mercantile Occupancies - New construction
Group F - Industrial Occupancies - New construction
Group F - Industrial Occupancies (parking garages) - New construction
Group F - Industrial Occupancies (farm buildings) - New construction
Alteration/renovation/Interior finishing to existing floor areas
Designated Structures as defined in the Ontario Building Code
Industrial Racking
Conditional Permit
Plumbing only
Sheds
Decks
Change of use
Tents
Partial permits (foundation, structural steel, site servicing etc.)
Demolition less than 600m2
Demolition greater than 600m2
Signs
Residential garage
Residential carport
Sewage system - New construction
Sewage system repair/alteration
Occupancy of an Unfinished Building
Page 14 of 21
SCHEDULE "B"
BY-LAW NUMBER 20-2023
REFUND OF PERMIT FEES
1) The permit fees that may be refunded in the opinion of the Chief Building Official under
Section 6 of this By-law, are to be a percentage of the permit fees payable under this By-law
subject to Section 2 of this schedule as follows:
Work Performed
Refund
a)
Administrative functions only have been performed
90%
b)
Administrative and plan examination functions only have
70%
been performed however the permit has not been issued
c)
The permit has been issued however no construction has
50%
commenced
d)
The permit has been issued and construction has
25%
commenced
2) Notwithstanding Section 1 above, no refund is to be made of an amount less than the
minimum permit fee as shown in the Fees and Charges By-law.
Page 15 of 21
SCHEDULE "C"
BY-LAW NUMBER 20-2023
SCHEDULE OF DRAWINGS, SPECIFICATIONS AND DOCUMENTS REQUIRED FOR
CONSTRUCTION, DEMOLITION, CONDITIONAL AND CHANGE OF USE PERMITS
Each application shall, unless otherwise specified by the Chief Building Official be accompanied by a
complete set of plans and specifications as indicated below:
a) Demolition
i.
Schedule "D" form indicating that arrangements have been made with the proper
authorities for decommissioning of utilities, the approval of the Brantford Fire
Department, the approval of the Planning Department in relation to the Ontario
Heritage Act and Demolition Control By-law and the approval of Development
Engineering in relation to Site Alteration permits.
ii.
Description of the structural design characteristics of the building and a method of
demolition prepared by a Professional Engineer (P. Eng.) where deemed
necessary by the Chief Building Official.
iii.
Site plan
b) On-site Sewage System
i.
Site Evaluation Report prepared by a competent person including soil permeability
and soil conditions, including the potential for flooding
ii.
Site plan and grading/drainage plan(s), cross-section drawings
iii.
Sewage System Design Summary form for Single Detached Dwellings
c) Residential Deck or Porch Permit
i.
Site plan or survey
ii.
Floor plan, foundation and framing plan, helical pile layout, if applicable
iii.
Elevation(s)
iv.
Section or detail of guard
v.
Connection details.
d) Residential Accessory Buildings
i.
Site plan or survey
ii.
Grading plan
iii.
Floor plan (framing)
iv.
Truss layout, if applicable
v.
Building elevations
vi.
Building/wall section
e) Residential Addition or Renovation Permit
i.
Site plan or survey
ii.
Grading plan, if applicable
iii.
Foundation plan
iv.
Floor plan (one per floor and including framing, all dimensions, room names and
indicate any new plumbing facilities)
v.
Floor and roof framing plans (include Engineered floor and roof truss drawings)
vi.
Building elevations
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vii.
Building section
viii.
Letter of verification from heating designer of the capacity of the existing hearing
system
ix.
Heat loss/gain calculations, mechanical design summary if a new system is to be
installed or existing system is being replaced
x.
Private sewage system evaluation, where applicable.
f) New Residential House, Semi-Detached, Townhouse or Duplex
i.
Grading plan prepared by a Professional Engineer (P. Eng.)
ii.
Site Plan
iii.
Approved site development plan and agreement, as applicable prepared by a
Certified Engineering Technologist (CET) or Ontario land surveyor (OLS), as
applicable
iv.
Where applicable a complete private sewage system permit application
v.
Verification of potable water supply, if applicable
vi.
Foundation plan
vii.
Floor plan (one per floor and indicate all dimensions, room names and proposed
plumbing fixtures)
viii.
Floor and roof framing plans (include Engineered floor and roof truss drawings)
ix.
Building elevations (4)
x.
Building section (min 1)
xi.
Details of construction of masonry fireplaces, if applicable
xii.
Energy Efficiency Design Summary form
xiii.
Mechanical ventilation form
xiv.
Copy of property deed, if applicable.
g) New Multi Residential Building
i.
Approved site development plan and agreement (for townhouses)
ii.
Geotechnical investigation report, including verification of potable water supply, if
applicable
iii.
Site plan
iv.
Grading and site servicing plan(s) prepared by a Professional Engineer (P. Eng.),
Certified Engineering Technologist (CET) or Ontario land surveyor (OLS), as
applicable
v.
Verification of on-site water supply for firefighting
vi.
Architectural drawings
vii.
Structural drawings
viii.
Mechanical drawings
ix.
Electrical drawings
x.
Sprinkler and standpipe drawing, where applicable.
h) New Non-Residential Building or Addition (Part 3 or 9 Building)
i.
Approved site development plan and agreement, as applicable
ii.
Geotechnical investigation report, including verification of potable water supply, if
applicable
iii.
Site plan
iv.
Building Code Data Matrix (Part 3 Buildings)
v.
Grading and site servicing plan(s) prepared by a Professional Engineer (P. Eng.),
Certified Engineering Technologist (CET) or Ontario land surveyor (OLS), as
applicable
vi.
Verification of onsite water supply for firefighting, where applicable
Page 17 of 21
vii.
Architectural drawings
viii.
Structural drawings, where applicable
ix.
Mechanical drawings, where applicable
x.
Electrical drawings, where applicable
xi.
Sprinkler and standpipe drawing, where applicable.
i) Non-Residential Alteration/Renovation (Part 3 or 9 Building)
i.
Site plan or key plan
ii.
Building Code Data Matrix (Part 3 Buildings)
iii.
Architectural drawings, where applicable
iv.
Elevations, sections, and details
v.
Structural drawings, where applicable
vi.
Mechanical drawings, where applicable
vii.
Electrical drawings, where applicable
viii.
Evaluation of existing private septic system, if applicable.
j) Designated Structures
The following plans prepared and stamped by Professional Engineer (P. Eng.)
i.
Site plan
ii.
Grading plan prepared by a Professional Engineer (P. Eng.), if applicable
iii.
Structural drawings
iv.
Elevations, where applicable
v.
Sections and detail, where applicable.
k) Farm Building
i.
Site plan
ii.
Grading plan prepared by a Professional Engineer (P. Eng.), if applicable
iii.
Architectural drawings
iv.
Structural drawings, where applicable
v.
Mechanical drawings
vi.
Electrical drawings
vii.
MDS calculation, if applicable.
Unless specified by the Chief Building Official the following information shall be shown on plans or
working drawings that accompany application for permits:
(a) The Site Plan shall show:
i.
Survey property boundaries and dimensions, all building lines, bearings of meters
and bounds and compass orientation (legal description);
ii.
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 and buildings, and the proposed lot coverage;
iii.
Existing and finished ground levels or grades, and first floor elevations referenced
to an established datum at or adjacent to the site in respect of which an application
is made;
iv.
Existing right-of-way, easements, and municipal services; and
v.
All existing and proposed parking layout, fire access route, retaining walls,
swimming pools, accessory buildings, septic systems, wells and any other such
physical additions to the site
vi.
Any overhead powerlines.
(b) The Grading Plan and Site Services Plan(s) shall show:
Page 18 of 21
i.
The property lines, building location, sidewalks, driveways, curb cuts, swales, all utility
services, and new/existing service connections;
ii.
Pre and post spot elevations for this project and adjacent properties, slopes of
driveways, sidewalks and swales, direction of drainage flow;
iii.
Location of storm water catchment area, catch basins, below grade and above grade
utilities and connections into services at property lines;
iv.
Location of existing and proposed fire hydrants or on-site supply of water for firefighting;
v.
In rural areas, identify flood areas, wells, open water, and wetlands; and
vi.
The plan must be stamped and signed by an Ontario Land Surveyor, Landscape
Architect, or a Professional Engineer (P. Eng.).
(c) The Architectural Drawings shall show:
i.
OBC Matrix, foundation, and grade details;
ii.
Each floor plan with exact dimensions of the layout of all proposed areas and identify
each with room names;
iii.
All wall thicknesses 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;
iv.
Building elevations, cross sections and wall sections showing all floor-to-floor heights,
materials, and thickness etc.; and
v.
Specifications, where applicable.
(d) The Structural Drawings shall show:
i)
All foundation, floor, roof, and wall structural elements including sizes, shapes and
proper location and all dead and live design loads and conditions 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; and
iv)
Where applicable de-watering report and shoring or pile driving.
(e) The Mechanical and 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 OBC. For Part 9 buildings, if
room allows this information can be shown on the same plan as the architectural;
ii.
Electrical drawings are to show lighting, emergency lighting, exit signs, fire alarm
systems and their legends and schedules for compliance with the OBC. For Part 9
buildings, if room allows this information can be shown on the same plan as the
architectural; and
iii.
Sprinkler and standpipe drawings are to include floor plans and riser diagrams to locate
the entire system including connections, sprinkler heads.
(f) A Private Sewage System Site Evaluation report shall include the following:
i.
The name, mailing address and telephone/fax numbers of the person who prepared the
report;
ii.
The date the evaluation was completed;
iii.
A scaled map of the site showing:
-
Legal description, lot size, property dimensions, existing right-of-
way, easements, or municipal/utility corridors
-
The locations of items listed in Column 1 of Table 8.2.1.6.A,
8.2.1.6.B and 8.2.1.6.C of the Building Code
-
The location of the proposed sewage system
Page 19 of 21
-
The location of any unsuitable, disturbed, or compacted areas, and
-
The proposed access route for system maintenance
-
Soil investigation including:
-
Depth to bedrock
-
Depth to zones of soil saturation
-
Soil properties and permeability; and
-
Potential for flooding.
(g) The following supporting documentation shall accompany an application for permit unless
otherwise waived by the Chief Building Official:
i)
Driveway access permit approved by the authority having jurisdiction, as may be
applicable;
ii)
Site Alteration permit approved by the City of Brantford as may be applicable;
iii)
Copy of property deed, if applicable; and
iv)
Such other approvals as may be required to demonstrate compliance with any other
applicable law.
Page 20 of 21
SCHEDULE "D"
BY-LAW NUMBER 20-2023
APPOINTMENT OF THE CHIEF BUILDING OFFICIAL AND INSPECTORS
1.1
Chief Building Official
Andy McMahon is hereby appointed the Chief Building Official for the City of Brantford.
1.2
Chief Building Official - Acting
In the absence of the Chief Building Official, Rob Porteous is hereby appointed to assume all
duties and responsibilities of the Chief Building Official.
1.3
Inspectors
Any person employed by the City whose responsibility includes enforcement of the Act,
excepting sections 15.1 through 15.8, is hereby appointed as an Inspector under the Act,
subject to the following conditions:
(a) the Chief Building Official maintains an up-to-date list of Inspectors; and
(b) prior to their appointment, each candidate for appointment hold the necessary
legislated qualifications for an Inspector
The appointment of a person as an Inspector under the Act shall cease immediately upon
such person no longer being employed by the City.
Page 21 of 21
SCHEDULE "E"
BY-LAW NUMBER 20-2023
CODE OF CONDUCT
Introduction
This Code of Conduct applies to the Chief Building Official and Inspectors appointed by the City of
Brantford under the Building Code Act, 1992 in the exercise of a power or the performance of a duty
under the Building Code Act, 1992 or the Building Code. The purposes of this Code of Conduct are to
promote appropriate standards of behavior and enforcement actions by the Chief Building Official and
inspectors, to prevent practices, which may constitute an abuse of power, including unethical or illegal
practices, and to promote appropriate standards of honesty and integrity in the exercise of a power of
the performance of a duty under the Building Code Act, 1992 or the Building Code by the Chief
Building Official and inspectors.
Standard of Conduct
In addition to any existing Code of Conduct Policy which the City of Brantford already has in place for
its municipal employees, the Chief Building Official and inspectors of the City of Brantford undertake
to:
a)
Act in the public interest, particularly with regard to the safety of buildings and
structures.
b)
Conduct themselves with a high degree of personal integrity and ethics, and in
particular they should not place themselves, or permit themselves to be placed, in a
position which would constitute, or on an objective basis give a reasonable
apprehension, of a conflict of interest or breach of trust.
c)
Exercise powers in accordance with the provisions of the Building Code Act, 1992,
the Building Code and other applicable law that governs the authorization,
construction, occupancy and safety of buildings and designated structures.
d)
Apply all relevant building laws, regulations, and standards in a consistent and fair
manner, independent of any influence by interested parties.
e)
Act honestly, reasonably, and professionally in the discharge of their duties.
f)
Not divulge any confidential or sensitive information or material that they become
privy to in the performance of their duties, except in accordance with laws
governing freedom of information and protection of privacy.
Breaches of the Code of Conduct
Compliance with this Code of Conduct shall constitute a condition of employment as a Chief Building
Official or inspector for the City of Brantford appointed under the Building Code Act, 1992. Any
appointed Chief Building Official or inspector who fails to act in accordance with the provisions of this
Code of Conduct may be subject to disciplinary action appropriate to the seriousness of the breach.
All allegations concerning a breach of this Code of Conduct shall be made in writing.
Any person who has reason to believe that this Code of Conduct has been breached may bring the
matter to the attention of the Chief Building Official. Where the allegation concerns the actions of the
Chief Building Official, the matter may be brought to the attention of the General Manager to whom
the Chief Building Official reports.
Disciplinary actions arising from violations of this Code of Conduct are the responsibility of the City of
Brantford as the employer and will be based on the severity and frequency of the violation in
accordance with relevant employment or collective agreements, employment standards and privacy
requirements.