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Building By-Law 2024-12
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THE CORPORATION OF THE TOWNSHIP OF DAWN-EUPHEMIA
BY-LAW NUMBER 2024-12
A BY-LAW RESPECTING CONSTRUCTION, DEMOLITION,
CHANGE OF USE PERMITS AND INSPECTIONS
"Building By-Law"
WHEREAS Section 3(1) of the Building Code Act, 1992. SO. 1992, c. 23 (the "Act") as amended,
mandates that the council of each municipality is responsible for the enforcement of the Act in the
municipality;
WHEREAS Section 3(5) of the Act states that the council of an upper-tier municipality and one or more
municipalities in the upper-tier municipality may enter into an agreement for the enforcement by the
upper-tier municipality of the Act in the municipalities and for charging the municipalities the whole or part
of the cost;
WHEREAS Section 3(6) of the Act states that where such agreement is in effect, the upper-tier
municipality has jurisdiction for the enforcement of the Act in the municipalities that are parties to the
agreement and shall appoint a chief building official and such inspectors as are necessary for that
purpose;
WHEREAS Section 7 of the Act, empowers council to pass certain By-Laws respecting construction,
demolition and changes of use, conditional permits, inspections, and enforcement-related matters of the
Act; and
WHEREAS Section 7 (1) (c) of the Act provides for a municipality to set By-Laws requiring the payment
of fees and prescribing the amounts of the fees, on application for and on issuance of permits;
WHEREAS The Corporation of the Township of Dawn-Euphemia and The Corporation of the County of
Lambton ("County") have entered into an agreement to provide for the enforcement by the County of the
Act within boundaries of the Township of Dawn-Euphemia;
NOW THEREFORE, the Municipal Council of The Corporation of the Township of Dawn-Euphemia
enacts as follows:
1.
DEFINITIONS
For the purposes of this By-Law:
1.1
ACT means the Building Code Act, 1992, S.O. 1992, c.23, as amended.
1.2
AGREEMENT means an agreement under Section 3(5) of the Act.
1.3
APPLICABLE LAW means applicable law as identified by Division A, 1.4.1.3.(1) of the
Ontario Building Code, as amended.
Building By-Law 2024-12
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1.4
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.
1.5
APPLICATION means in order to obtain a permit, the owner, or agent authorized in
writing by the owner, shall submit the prescribed application form to the Chief Building
Official in a paper format or through an online electronic software portal acceptable to
the Chief Building Official. A complete application shall include the completion of the
prescribed forms, along with information as outlined below in this By-Law. The same
prescribed forms shall be used for all permit applications.
1.6
AS CONSTRUCTED PLANS means as constructed plans as defined in the Ontario
Building Code.
1.7
ARCHITECT means the holder of a license, certificate of practice or a temporary license
issued under the Architects Act as defined in the Ontario Building Code.
1.8
BUILDING means a building as defined in Section 1(1) of the Act, and "structure" has a
corresponding meaning.
1.9
BUILDING DEPARTMENT shall mean the County's Building Department.
1.10
BUSINESS DAY mean any day falling on or between Monday and Friday of each week
but does not include any statutory holidays prescribed in Ontario, wherein the Municipality
is not open for the transaction of business with the public.
1.11
CHIEF BUILDING OFFICIAL means a Chief Building Official appointed by By-Law by
the Corporation of the Municipality for the purposes of enforcement of the Act.
1.12
CONSTRUCT means construct as defined in subsection 1(1) of the Act, including to do
anything in the erection, installation, extension or material alteration or repair of a building
and includes the installation of a building unit fabricated or removed from elsewhere and
"constructed" has a corresponding meaning.
1.13
DEMOLISH means demolish as defined in subsection 1(1) of the Act, including to do
anything in the removal of a building or any material part thereof and "demolition" has a
corresponding meaning.
1.14
FARM BUILDING means a farm building as defined in Division A, 1.4.1.3.(1) of the Ontario
Building Code.
1.15
FIREWALL means a Firewall as defined in Division A, 1.4.1.3.(1) of the Ontario Building
Code.
1.16
INSPECTOR means an inspector appointed by By-Law by the Municipality for the
purposes of enforcement of the Act.
1.17
LOT GRADING AND DRAINAGE PLAN means a plan that details and specifies the
design elevations, surface gradients, swale locations and other drainage information that
are required for lot grading and completed by a qualified individual, licensed in the
Province of Ontario.
Building By-Law 2024-12
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1.18
MUNICIPAL PUBLIC WORKS DEPARTMENT means the Public Works Superintendent
(or designate) as appointed by the Municipality.
1.19
MUNICIPALITY means The Corporation of the Township of Dawn-Euphemia.
1.20
ONTARIO BUILDING CODE means O. Reg. 332/12 of the Act.
1.21
OWNER means the owner as defined by Division C, 1.3.1.2., "owner" of the Ontario
Building Code.
1.22
PARTY WALL means a Party wall as defined in Division A, 1.4.1.3.(1) of the
Ontario Building Code.
1.23
PERMIT means written 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 Ontario Building Code.
1.24
PERMIT HOLDER means the person to whom the permit has been issued and who
assumes the primary responsibility for complying with the Act and the Ontario Building
Code.
1.25
PRESCRIBED FORMS The forms prescribed for use as applications for permits, for
orders and for inspection reports as set out in Schedule "G" to this By-Law.
1.26
PROFESSIONAL ENGINEER or ENGINEER means a person who holds a license or
temporary license under the Professional Engineers Act, R.S.O. 1990, c. P.28, as defined
in the Building Code.
1.27
SURFACE DRAINAGE means the requirements set out in subsection 9.14.6.1 (1) of the
Ontario Building Code, as amended or replaced.
1.28
SURVEYORS REAL PROPERTY REPORT means a survey and report that locates a
building or structure in relation to the boundaries of a unit of land.
2.
TYPES OF PERMITS
2.1
The types of permits set out in Schedule "A" of this By-Law are hereby established.
2.2
Any construction, demolition, and/or change of use to any structure or building defined in
the Act requires a permit and a fee as defined in this By-Law.
3.
APPLICATION FOR PERMIT
3.1
No person shall construct, demolish, or cause to be constructed or demolished a building,
within the Municipality, unless a permit has been issued for the construction or demolition
by the Chief Building Official, as required under the Act.
3.2
To obtain a permit, the owner, or agent authorized in writing by the owner, shall submit
the prescribed forms, as applicable to the Chief Building Official in paper format at the
County of Lambton Administration Building, Wyoming Ontario, or through an online
electronic software portal acceptable to the Chief Building Official. The same
prescribed forms shall be used for all permit applications.
Building By-Law 2024-12
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3.3
Building Permit
Where an application is made for a construction permit under subsection 8(1) the Act, the
application shall include:
a) a complete application;
b) completed plans and specifications, documents, and other information as required
by Division C, Article 1.3.1.3. of the Ontario Building Code and as described in this
By-Law for the work to be covered by the permit;
c) a completed form as set out in Schedule "E" where Division C, Subsection 1.2.2. of
the Ontario Building Code applies; and
d) include any other information necessary to, or required in accordance with the
Ontario Building Code, the Act and applicable law.
3.4
Demolition Permit
Where application is made for a demolition permit under subsection 8(1) of the Act, the
application shall include:
a) a completed application;
b) completed plans and specifications, documents, and other information as required by
Division C, Article 1.3.1.3. of the Ontario Building Code and as described in this By-
Law for the work to be covered by the permit;
c) a completed form as set out in Schedule "E" where Division C, Subsection 1.2.2. of
the Ontario Building Code applies;
d) include proof satisfactory to the Chief Building Official, that arrangements have been
made with the proper authorities for the disconnection of all services;
e) include information concerning the rehabilitation of the site to a graded, level, and
landscaped condition upon completion of the demolition and
f) include any other information necessary to, or required in accordance with the
Ontario Building Code, the Act and applicable law
3.5
Conditional Permit
Where application is made for a conditional permit under subsection 8(3) of the Act, the
application shall include:
a) a complete application;
b) complete plans and specifications, documents, and other information as required by
Division C, Article 1.3.1.3. of the Ontario Building Code and as described in this By-
Law for the work to be covered by the permit;
c) a copy of an agreement between the applicant and the Municipality and confirmation
that required securities as prescribed by the Municipality have been paid. and
d) include any other information necessary to, or required in accordance with the
Ontario Building Code, the Act and applicable law
3.6
Change of Use Permit
Where application is made for a change of use permit issued under subsection 10(1) of the Act, the
application shall:
a) Include a complete application;
b) identify and describe in detail the current and proposed occupancies of the building or
part of a building for which the application is made;
c)
include complete plans and specifications showing the current and proposed
occupancy of all parts of the building, and which contain sufficient information to
establish compliance with the requirements of the Ontario Building Code, including
floor plans; details of wall, ceiling and roof assemblies identifying required fire
resistance ratings and load bearing capacities, details of the existing sewage system,
if any, and,
d) include any other information necessary to, or required in accordance with the Ontario
Building Code, the Act and applicable law
Building By-Law 2024-12
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3.7
Partial Permit
Partial Permit Requirements
a) 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 whole project, application shall be
made for the complete project and complete plans and specifications covering the
portion of the overall work for which immediate approval is desired, shall be filed with
the Chief Building Official;
b) Where a partial permit is requested the application to construct the entirety of the
Building is deemed to be incomplete as described in Section 3.1 of this By-Law; and
c) include any other information necessary to, or required in accordance with the
Ontario Building Code, the Act and applicable law;
d) Should a permit be issued for part of a building or project, the holder of such Permit
may proceed without assurances that the permit for the entire building or project will
be granted.
3.8
Occupancy Permit
Occupancy Permit Requirements
a) No person shall occupy, or permit to be occupied, any building which was
constructed under a building permit except in conformance with the Act, the Ontario
Building Code, and the provisions of this By-Law.
b) Notice of intent to establish residential occupancy of a building constructed under a
building permit must be given in writing to the Chief Building Official prior to
establishing occupancy of any portion, in part or whole of the building under permit.
c) Where notice of intent to occupy an unfinished Building is provided to the Chief
Building Official, such notice shall be given in accordance with Section 11 of the
Act, and Subsection 1.3.3. - Division C of the Ontario Building Code.
d) The information to be provided to the Chief Building Official pertaining to the notice
of intent to occupy shall include:
(i)
The name of the person giving notice,
(ii)
The date upon which occupancy is proposed to commence,
(iii)
A description of the part, portion, or whole of the building, which is to be
occupied, and
(iv)
Where it is required general review by an Architect or Professional
Engineer, a written report from the Architect or Professional Engineer, or
both when applicable, stating their opinion as to the general conformity of
the construction in accordance with the approved permit drawings and
specifications as issued.
e) an occupancy permit can be issued when all inspections required under Div. C,
1.3.5.3. of the Building Code have been completed.
f) An Occupancy Permit may only be issued by the Chief Building Official, as
appointed under By-Law of the Municipality.
3.9
Incomplete Application
Incomplete Application Decision
a) Where the Chief Building Official determines that an application is incomplete, the
Chief Building Official may commence to process the application if the applicant
acknowledges that the application is incomplete and completes the form as set out
in Schedule "D".
b) Where an application for permit remains incomplete or inactive for a period of not
less than six months from the submittal, the application may be deemed by the
Chief Building Official to have been abandoned and notice thereof shall be given
to the applicant.
Building By-Law 2024-12
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c) If an application is deemed to be abandoned, the application may be dismissed at
the sole and unfettered discretion of the Chief Building Official.
d) A new application must be filed before any work proposed in the abandoned
application can be substantially commenced.
4.
PLANS AND SPECIFICATIONS
4.1
Sufficient information shall be submitted with each application for a permit to enable
the Chief Building Official to determine whether or not the proposed construction,
demolition or change of use will conform with the Act, the Ontario Building Code and
any other applicable law. The applicant shall illustrate that Surface Drainage does not
negatively impact any neighbouring or receiving property. Each application shall,
unless otherwise specified by the Chief Building Official, include a complete set of the
plans and specifications required under this By-Law.
4.2
Plans shall be drawn to scale in a digital format, shall be legible, and without limiting
the generality of the foregoing, shall include:
a)
Plot Plan Diagram, as outlined in section 5 of this By-Law;
b)
Floor plans, for each level, whether finished or unfinished, to include the
percentage of windows on each exterior wall;
c)
Foundation plans;
d)
Framing plans;
e)
Roof plans, including truss drawings stamped by an engineer and layout drawings
signed by the building's designer as being reviewed
f)
Reflected ceiling plans;
g)
Sections and details;
h)
Building elevations;
i)
Electrical drawings;
j)
Heating, ventilation and air conditioning, including heat loss calculations
k)
One or more of the following to ensure appropriate plumbing and Surface
Drainage at the discretion of the Chief Building Official and subject to Municipal
approval:
i.
site servicing plan prepared by a professional engineer;
ii. overall grading plan prepared and stamped by a professional engineer
which shall include details of the entire property on which the proposed
structure may be permitted and lands beyond the property line;
iii. a drainage system plan/report prepared and stamped by a professional
engineer;
l)
geotechnical reports to ensure appropriate design of footings;
m)
hydrogeological reports to ensure adequate water supply for the building and
meeting of Required Connections by the Building Code, as amended ore
replaced;
n)
sewage system drawings; and
o)
any other more specific plans the Chief Building Official deems to be required to
accompany an application for a permit, at his or her discretion;
all to the satisfaction of the Chief Building Official for a building permit application to be deemed
completed. The Chief Building Official may at his or her discretion, specify that not all the above-
mentioned plans are required or that other more specific plans be required to accompany an
application for a permit. See Schedule "F" for more information.
Building By-Law 2024-12
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5.
PLOT PLAN DIAGRAM
5.1
Plot Plan Diagrams may be requested, including that an up-to-date survey be provided
by an applicant to the Chief Building Official in order to demonstrate compliance with
the Act, the Ontario Building Code and other applicable law.
5.2
Plot Plan Diagrams shall clearly demonstrate:
a) lot size and the dimensions of the proposed building, including setbacks to property
lines and any other existing or proposed buildings;
b) existing and finished sewage system, plumbing, Surface Drainage (including
without limitation, ground levels, and grades);
c) if required by the Chief Building Official, a foundation and/or lot grading plan
prepared by a professional engineer or by an Ontario Land Surveyor and certified
by a professional;
d) existing rights-of-way, easements, hydro poles, other utilities, and municipal
services; and
e) copies of all agreements or leases registered to title.
6.
SITE PLAN
6.1
Where applicable, a Site Plan shall be submitted and approved by the Clerk of the
Municipality in accordance with the provisions and requirements of the Municipality's
Site Plan Control By-Law.
6.2
All Site Plans shall reference to a current survey and, when required to demonstrate
compliance with the Act, the Ontario Building Code or other applicable law, a copy of
the survey shall be submitted, unless otherwise specified by the Chief Building Official.
6.3
A copy of the approved Site Plan shall be submitted with the Building Permit
Application documentation and shall include the following information:
a)
the proposed location of the building with dimensions shown to all lot lines;
b)
location of all potable water, storm, and sanitary sewer services;
c)
dimensional location of any existing building(s) on the property; and
d)
existing right of way, easements, and services.
7.
LOT GRADING AND DRAINAGE PLANS
7.1
Lot Grading and Drainage Plans shall be submitted as follows:
a)
in the case of land in respect of which an accepted area or subdivision grading
plan has been filed with the Municipality, a lot grading and drainage plan bearing
the signature and seal of the subdivider's professional engineer who is
responsible for the overall subdivision grading certifying thereon that the lot
grading and drainage plan conforms with the accepted area or subdivision grading
plan filed with the Municipality; or
b)
in the case of land in respect of which no accepted subdivision grading plan has
been filed with the Corporation, a lot grading and drainage plan may be required
at the discretion of the Chief Building Official bearing the signature and seal of a
Professional Engineer, a Landscape Architect (a member of the Ontario
Association of Landscape Architects) or an Ontario Land Surveyor who certifies
thereon that the drainage scheme depicted by the plan will be compatible with the
existing drainage patterns.
7.2
The information required to be provided upon the Site Plan may be merged with the
information provided in a Lot Grading and Drainage Plan, unless otherwise required by
the Chief Building Official.
Building By-Law 2024-12
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7.3
The Lot Grading and Drainage Plan shall include the following details:
a)
Existing elevations at lot corners;
b)
Proposed elevations at lot corners;
c)
Proposed elevations for top of footings and top of foundation walls;
d)
All drainage swales, swale slopes, embankments, retaining walls, catch basins and
related infrastructure proposed;
e)
Location and design details pertaining to an on-site sanitary sewage disposal
system where required by the Building Code;
f)
Existing elevation of curb and/or street along the frontage of the proposed
building lot;
g)
Existing elevation of lot corners on the abutting lots as well as the existing
elevation of the finished grades around the structures located on these lots;
h)
An existing approved Subdivision Grading Plan will be accepted for the above
list requirements.
7.4
As Constructed Plans
a)
Upon completion of the construction of a building, or part of a building, the Chief
Building Official may require a set of as-constructed plans, including a land
survey, including the proposed and actual grading elevations showing the
location of the building and any such details of the construction that have been
significantly altered from the plans as they may have been approved for
issuance of a building permit.
b)
A final land and grading survey be prepared and sealed by an Ontario Land Surveyor
may be required to be submitted to the Chief Building Official prior to the return of a
deposit.
c)
The Surveyor's Real Property Report will show:
i.
All yard dimensions from the foundation wall to the lot lines; and
ii. The elevation of the top of the foundation wall.
iii. In addition, if the lot is located outside of a Settlement Area or Rural
Cluster as defined by the Municipality Zoning By-Law, the Surveyor's
Real Property Report will show:
iv. Distances separating a Settlement Area or Rural Cluster from Livestock
housing or nutrient storage structures; and,
v. Distances separating Livestock housing or nutrient storage structures
from municipal drains or wells, if applicable.
7.5
Plans Property of Municipality
a) Plans and specifications furnished according to this By- law or otherwise required
by the Act become the property of the Municipality and will be disposed of or
retained in accordance with applicable legislation.
8.
REGISTERED CODE AGENCIES
8.1
Registered Code Agencies (RCA's)
a)
The Chief Building Official is authorized to enter into and sign contracts 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 permits
prescribed in subsection 2.4.1. of the Ontario Building Code.
b) The Registered Code Agency may be appointed by the Chief Building Official to
perform one or more of the specified functions described in section 15.15 of the Act.
Building By-Law 2024-12
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9.
FEES
9.1
Determination of Fees
a)
The Municipality shall determine the required fees calculated in accordance
with Schedule "A" of this By-Law (as amended from time to time), and the
applicant shall pay such fees upon submission of an application for a permit.
b)
Where the fees payable in respect of an application for a construction, or
demolition permit issued under subsection 8(1) of the Act or a conditional permit
under subsection 8(3) of the Act are based on the cost of valuation of the
proposed work, 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 conditional permit, fees shall be paid for the
complete project.
c)
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 cost statement
indicating the lesser valuation, at which time the Chief Building Official shall
issue a refund equal to the different between the initial permit fee and the
audited cost statement.
d)
Where the fees are based on square footage of a building, this shall include
garages, all porches, decks, canopies, basement, walkouts and all storey's
above grade.
e)
Where the fees payable in respect of an application for a construction or
demolition permit issued under subsection 8(1) of the Act or a conditional permit
issued under subsection 8(3) of the Act, full fees shall be remitted.
9.2
Work Without An Approved Permit
a)
Any person or corporation who commences construction work without a permit in
place for the following: New Residential Dwellings, Garage, Detached Residential
Accessory Structures (such as Garage or Carports), Accessory Structure
Additions, Additions and Enlargements to Existing Dwellings, Agricultural
Buildings (such as Pole Barns, Greenhouses and Barns), New Builds for
Commercial/Industrial/Institutional, and Renovations of Com/Ind/Institutional; or
changes the use of a building before obtaining a permit and required inspections
completed and approved for the prescribed works, shall in addition to any other
penalty under the Act, Ontario Building Code, or this By-Law pay an additional
fee equal to 100% of the amount calculated as the regular permit fee, to
compensate the Municipality for the additional expenses incurred by such early
start of work.
10.
DEPOSITS
10.1
Taking, Use and Refunding of Funds Deposited for permits.
a)
In addition to the provisions of Section 7 of the Act, the Chief Building Official
shall collect deposits as specified in Schedule "A" of this By-Law.
b)
Prior to issuance of a building permit, the applicant shall submit the required
deposit as security to the fulfillment of the applicant's statutory obligations to
request inspections and give notice of intent under the Act and the Ontario
Building Code.
c)
The deposit will be returned to the applicant when the Chief Building Official
deems that the applicant has fulfilled the statutory obligations to request
inspections and provided adequate notice of intent as prescribed by the Act and
the Ontario Building Code and in accordance with Schedule "C" to this By-Law.
Building By-Law 2024-12
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11.
CHANGING OF PERMIT FEES
11.1
In accordance with Article 1.9.1.2. - Division C of the Ontario Building Code, the
Municipality, prior to the passing of a By-Law to introduce or change a fee imposed for
application for permits or for the issuance of permits shall:
a)
Hold at least one (1) public meeting at which any person who attends has an
opportunity to make representations with respect to the matter;
b)
Provide a minimum of twenty-one (21) day notice of the public meeting by
advertisement in the local newspapers, placed on the Municipality website and
also given to every person and organization that has, within five (5) years before
the day of the meeting, requested such a notice;
c)
Ensure that the notice includes an estimate of the costs for administering and
enforcing the Act, the amount of the fee or any change to the existing fee and the
rationale for imposing or changing the fee.
d)
The Building Department is responsible for maintaining the list of persons or
organizations requesting notice of amended permit fees.
12.
ADMINISTRATIVE PROCEDURES RELATING TO PERMITS
12.1
Revision and Revocation
a)
Revision to Permit
After the issuance of a permit under the Act, notice of any material change to
a plan, specification, document or other information on the basis of which the
permit was issued, must be given in writing, to the Chief Building Official
together with the details of such change, which is not to be made without his
or her written authorization, together with the payment of any additional fees
due at the discretion of the Chief Building Official, in accordance with the fee
schedule.
b)
Revocation of Permits
The Chief Building Official, subject to provisions outlined in Subsection 8(10) of
the Act has the authority to revoke a permit issued under the Act.
c)
Cancellation of Permits
i. An application for a permit shall be deemed to have been
abandoned and cancelled six months after the date of filing
unless such application is being seriously proceeded with, in
the opinion of the Chief Building Official and such notice shall
be provided as set out in section 3.9 of this By-Law.
ii. A permit holder can request the cancellation of any issued
permit or application, in writing, to the Chief Building Official.
d)
Renewal of Permits
The Chief Building Official may renew a permit, subject to Section 8 of the Act,
provided that the plans and specifications comply with the Act, at the time of
renewal.
13.
REFUNDS
13.1
In the case of withdrawal of an application or the abandonment of all or a portion of the
work, or refusal of a permit, 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 "C" of this By-Law.
Building By-Law 2024-12
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14.
REQUIREMENTS FOR INSPECTIONS
14.1
Notice of Required Inspections
a)
Every permit holder shall notify the Chief Building Official at least two (2)
business day prior to each stage of construction for which notice is required
under Article 1.3.5.1. - Division C of the Ontario Building Code and as provided on
the approved building permit.
b)
With respect to "additional notices" under Article 1.3.5.2. - Division C of the Ontario
Building Code, every permit holder shall notify the Chief Building Official or an
inspector at least two (2) business day prior to each stage of construction for
which notice in advance is required under the Ontario Building Code.
c)
The time periods referred to in 11.1.1 & 11.1.2 under the Ontario Building Code
shall begin upon the business day following the business day which the notice
is given.
d)
Every permit holder shall provide the notice of completion as prescribed by
section 11 of the Act, or where occupancy is required prior to completion,
notice of inspection to ensure that the requirements Section 11 of the Act and
Subsection 1.3.3 - Division C of the Building Code are met.
14.2
Request for Inspections
Notice may be given in any one of the following ways:
i.
by
phoning (519) 845-5420 and speaking with the Building
Department;
ii. by requesting the inspection through the electronic software portal, as
referenced on the applicable permit.
14.3
Inspection Results
The written consent of the Chief Building Official is required before construction proceeds
to the next stage of construction.
15.
ANNUAL REPORT AND RESERVE FUND
15.1
An annual report shall be prepared which will enumerate the direct and indirect costs of
delivering building services related to the administration and enforcement of the Act. The
said report shall also set out the amount of the reserve fund at the end of the previous
fiscal year. The annual report shall be provided to Council for the Municipality no later
than three months after the end of the previous year.
15.2
A cost stabilization reserve fund is hereby established for the purposes of setting aside
surplus revenues from building permit fees. The reserve fund shall be used exclusively
for the operation of the Building Department for any subsequent fiscal year(s). The
Municipality shall maintain all records related to the reserve fund.
16.
CODE OF CONDUCT
16.1
The Code of Conduct
a)
The Code of Conduct and the associated policy, as required under Section 7.1
of the Act, are set out in the County of Lambton H08 Policy #1, a copy of which
shall be available, upon request.
17.
CONTRAVENTION OF BY-LAW - OFFENCE
17.1
Contravention
a)
Every person who contravenes any provision of this By-Law is guilty of an offence
and on conviction is liable to a fine as provided in section 36 of the Act.
Building By-Law 2024-12
Page 12 of 22
18.
SEVERABILITY
18.1
Severability
If any section(s) of the By-Law or parts thereof are found in any court to be illegal or
beyond the power of Council to enact, such section(s) of parts thereof shall be deemed
severable, and all other sections or parts of this By-Law shall be deemed separate and
independent therefrom and enacted as such.
19.
SHORT TITLE
19.1
Short Title
The short title of this By-Law shall be "Building By-Law".
20.
REPEAL
20.1
By-Law 9 of 2009 AND 2023-03, and all amendments thereto are hereby repealed.
21.
EFFECTIVE DATE
21.1
This By-Law shall come into force and take effect upon the final passing thereof
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF JUNE,
2024.
_______________________________________
MAYOR
Alan Broad
- ORIGINAL HAS BEEN SIGNED -
_______________________________________
ADMINISTRATOR/CLERK
Donna Clermont
Building By-Law 2024-12
Page 13 of 22
SCHEDULE "A" TO
BY-LAW 2024-12 (as amended from time to time)
CLASSES OF PERMITS AND FEES
BUILDING/STRUCTURE
FEES
1) New Residential dwellings with or without attached garage
$1,670.00
Deposit to be refunded upon proof of final inspection
(+$1,000 refundable deposit)
2) Attached garage (if built at different time than house)
$700.00
3) Detached residential accessory structures (garages, carports, sheds) $550.00
4) Accessory Structure Additions
$510.00
5) Apartments and multiple housing
$5,160.00
6) Additions and enlargements to existing dwellings
$1,120.00
7) Structural changes, alterations or repairs
$930.00
8) Fireplaces and other wood burning appliances
$420.00
9) Decks
$370.00
10) Agricultural Bldg. (pole barns, greenhouses and barns)
$870.00
11) Grain Bins/Silos
$510.00
12) Manure Pits
$1,150.00
13) Commercial/Industrial/Institutional (NEW), Restaurants
$2,520.00 plus $1,500.00
deposit* for projects with
estimated construction costs
over $300,000.00
14) Renovations of Com/Ind/Institutional
$2,230.00
15) Demolitions of Dwellings where Permit for New Dwelling Issued
No Fee
16) Demolitions of Dwelling where Permit for New
Dwelling is not issued
$310.00
17) All Other Demolitions**
$200.00
18) Building Relocations
$1,560.00 + pre-inspection
fee of $200.00
19) Renewal of abandoned /cancelled approved permit
$150.00 (within one year of
cancellation)
20) In-ground and above-ground swimming and/or pool fencing
$280.00
Building By-Law 2024-12
Page 14 of 22
21) Change of Use
$490.00
22) Class 3 and 4 Wind Turbines
$15,400.00
23) Solar Panel (over 10 kw)
$790.00
24) Special Occasion Tent
$490.00
25) C-Can (shipping container over 162 sq ft)
$550.00
25) Minimum Charge for other permit
$350.00
Note:
-
No permit required for roofing, siding, shingling, eavestroughing or window replacements within
existing window openings.
-
Minimum charge for any permit is $350.00 unless otherwise stated.
-
Class 1 and 2 wind turbines are included in the Commercial/Industrial/Institutional Building Permit
Class.
-
Double Permit Fees apply if work commences without a permit in place for the following:
New Residential Dwellings, Garage, Detached Residential Accessory Structures (such as Garage
or Carports), Accessory Structure Additions, Additions and Enlargements to Existing Dwellings,
Agricultural Buildings (such as Pole Barns, Greenhouses and Barns), New Builds for
Commercial/Industrial/Institutional, and Renovations of Com/Ind/Institutional.
-
$1,000 Deposits Required for new Single Family Dwellings
* Indicates deposit to be held by Township as security to ensure the Township is compensated for its
cost of providing building inspection services. If the security deposit held by the Township exceeds
the building inspection costs incurred by the Township, any surplus is to be reimbursed to the applicant
without interest.
** The Building Code exempts farm buildings from demolition charges.
Building By-Law 2024-12
Page 15 of 22
SCHEDULE "B" TO
BY-LAW 2024-12
Refundable Deposit
A deposit shall be collected as specified in Schedule "A"
Deposits will be returned upon verification of compliance by the Municipal Public Works Superintendent or
designate.
A refundable deposit is secured to ensure that all works associated works commenced under a building or
demolition permit is completed, inspected, and finalized in conformance with the provisions of this By-Law, the
Building Code, the Act and all municipal requirements. All deposits are to be held to secure compliance with the
provisions of the Building Code which describe the prescribed inspections, notice of intent to occupy, conditions
to the issuance of an occupancy permit, and requirement to request final inspections, including municipal
standards.
Use of the Deposit may be deemed necessary when, in the opinion of the Municipal Roads Superintendent or
designate;
-
The lot grading (including topsoil) has not been completed in accordance with the approved Engineered
Grading and Drainage plan, or
-
Grass sodding has not been placed, or there is no established growth from seeding within one year from
the last date of inspection.
-
Damage to municipal property has occurred which shall include but not limited to roads, boulevards,
sidewalks, shutoffs, and curbs etc.
The deposit may be used when the depositor does not complete the work in compliance, as approved in
accordance with the issuance of a Building Permit or through the construction or demolition process has caused
damage to municipal property.
In such a case, the deposit shall be used in balance against the cost of any work necessary to conform to the
approved plan, the requirements of Building Code and municipal standards.
REFUND OF DEPOSITS
This deposit less any portion expended by the municipality or their agent to obtain compliance.
The balance of the deposit remaining, if any, is refundable, without interest, when the subject project is
substantially completed.
Where there is a balance owing to achieve compliance, the depositor will be invoiced for the additional costs
incurred.
This deposit, less any portion expended by the municipality in enforcement of compliance, will be refunded without
interest upon:
-
confirmation of final inspection by the Building Department and the Municipal Roads Superintendent or
designate.
FORFEITURE OF DEPOSIT
In the event that a building permit is revoked in accordance with Subsection 8.(10) of the Building Code Act, or
where construction or demolition occurs in contravention of Subsection 8.(13) of the Building Code Act, the deposit
shall be forfeited to the Corporation. The balance of the deposit shall be retained by the Corporation and dispensed
to the Building Department Cost Stabilization Reserve Fund.
EXTENSION
The applicants shall have the right to request an extension to any of the time periods prescribed under the
DEPOSITS section of Schedule "A" as described above, provided such requests are received in writing no later
than thirty days prior to the set time period.
The Chief Building Official in consultation with the municipality will consider such requests made upon the merits of
the explanation and may, upon his or her discretion, allow a refund of the deposit in part or in full, without interest.
Building By-Law 2024-12
Page 16 of 22
SCHEDULE "C" TO
BY-LAW 2024-12
Refund of Permit Fees
A.
The fees that may be refunded shall be a percentage of the fees payable under this By-Law as
follows:
i)
80 per cent if administrative functions only have been performed;
ii)
70 per cent if administrative and zoning functions have been performed;
iii)
45 per cent if administrative, zoning and plan examination functions have been
performed;
iv)
35 per cent if the permit has been issued and no field inspections have been
performed subsequent to permit issuance;
v)
5 per cent shall additionally be deducted for each field inspection that has been
performed after the permit has been issued.
B.
Notwithstanding paragraph A above, no refund shall be made if the amount is $100.00 or less.
Building By-Law 2024-12
Page 17 of 22
SCHEDULE "D" TO
BY-LAW 2024-12
Acknowledgement by Applicant of an Incomplete Application
Pursuant to Sentence 1.3.1.3.(6) of Division C of the Ontario Building Code
PART A - Submittal of an Incomplete Application to Construct or Demolish
A prescreening of the application to
(describe work)
at
(location of work)
has been completed, and has reveal that the application is incomplete, in that the following items are missing:
As such, the processing time periods prescribed in Sentence 1.3.1.3.(1) of Division C of the Building
Code are not applicable at the time of initial receipt of the above reference application.
The Corporation of the Township of Dawn-Euphemia will hold the submittal and continue processing the
incomplete application if the Acknowledgement below is completed.
PART B - Declaration of Incomplete Application
I,
(print name of applicant)
am the owner or am the person described by Sentence 1.3.1.2. of Division C of the Ontario Building
Code, in reference to the property as Described in Part A and have authority to bind the corporation or
partnership as applicable.
I acknowledge that the application as describe in Part A to this Letter does not meet the requirements of
Division C, 1.3.1.3.(6) of the Building Code, and as the below date the processing time periods prescribed
in Table 1.3.1.3. of the Building Code are not applicable to the submittal of the application referenced in
Part A.
Notwithstanding the above, I request that the Corporation commence processing of the incomplete
application. I understand that a permit cannot be issued until such time as all the required information is
submitted, reviewed for compliance and all applicable fees, charges and deposits are paid in full.
______________________________
______________________________________________
(Date)
(Signature of Applicant)
Building By-Law 2024-12
Page 18 of 22
SCHEDULE "E" TO
BY-LAW 2024-12
NOTE: All final review reports are to be submitted to the Chief Building Official by:
Mail: The Corporation of the County of Lambton, 789 Broadway Street, Box 3000, Wyoming ON N0N 1T0
Fax: 519-845-3160 or Email: [email protected]
Building By-Law 2024-12
Page 19 of 22
SCHEDULE "F" TO
BY-LAW 2024-12
LIST OF DRAWINGS, SPECIFICATIONS AND INFORMATION TO ACCOMPANY APPLICATION FOR
PERMITS:
In further to Section 4.1 of the Building By-Law, and in order an application to construct or demolish to
be considered a complete application pursuant to section 1.3. of Division C of the Ontario Building Code,
not less than* the following drawings, specifications and documents are required to be submitted in
accordance with the correlating type of Building proposed as categorized and referenced below.
NOTE:
* Upon request, the Chief Building Official may specify that not all the below-mentioned plans are
required to accompany an application for a permit. Conversely, the Chief Building Official may also
determine that additional drawings specifications, or documentation may be needed were the minimum
submittal is insufficient in order to determine compliance with the Code, the Act, or applicable law
thereto.
1)
Demolition (Full or partial)
a. Demolition Declaration Form
b. Commitment to General Review by a professional engineer where Division C, 1.2 applies
c. Site/grading plan prepared by a professional engineer (P.Eng.), and an Ontario land surveyor
(OLS)
d. Where a building is designated under the Heritage Act, approval of the demolition work under
permit must be obtained from Council and the Heritage Committee
2)
Residential Deck or Porch Permit
a. Site plan
b. Floor plan, foundation and framing plan
c. Elevation(s)
d. Section or detail of guard
e. Detail Section (through deck view)
3)
Residential Accessory Buildings
a. Site Plan or survey
b. Foundation plan
c. Floor Plan (framing)
d. Building Elevations (two sides minimum)
e. Detail or Building Section
f. Grading and Drainage Plan
4)
Residential Addition
a. Site Plan
b. Grading and Drainage Plan prepared by a professional engineer (P.Eng.), if applicable
c. Foundation plan
d. Floor Plan(s) (one per floor, including framing elements, all dimensions, room names or uses,
and any new plumbing facilities)
e. Building Elevations
f. Building and Detail Section
g. Letter of verification from heating designer of the sufficiency of capacity of the existing heating
h. Additional information on Existing System Sewage System may be required (where applicable)
i. Completed EEDS form (OBC Part 12, SB 12)
Building By-Law 2024-12
Page 20 of 22
5)
Residential Renovation/Alteration, Change of Use
a. A location plan or Site Plan where required
b. Approved Site Development Plan and Agreement (for townhouses, multi's and apartments)
c. Any of the following construction plans as applicable
i. Foundation plan
ii. Floor Plan(s) (one per floor, including framing elements, all dimensions, room names or uses,
and any new plumbing facilities)
iii. Building Elevations
iv. Building and Detail Section
d. Letter of verification from heating designer of the sufficiency of capacity of the existing heating
e. Additional information on Existing System Sewage System may be required (where applicable)
f. Where renovation is extensive or a Change of Use occurs a completed EEDS form may be
required (OBC Part 12, SB 12)
6)
New Residential House, Semi-Detached, Duplex, Townhouse, Multi-Unit or Apartment
Buildings (Part 9 Building)
a. Approved Site Development Plan and Agreement (for townhouses, multi's and apartments)
b. Site Plan, Grading and Drainage Plan prepared by a professional engineer (P.Eng.), or Ontario
land surveyor (OLS)
c. Completed EEDS form
d. TARION (ONHWP) Registration Form
e. Where applicable a complete Private Sewage System Permit Application (see 2., above)
f. Verification of potable water supply if applicable
g. Foundation Plan
h. Floor Plan (one per floor, including all structural framing elements, dimensions, room names and
proposed plumbing fixtures)
i. Engineered Floor and Roof Framing Plans (include engineered floor and roof truss drawings)
j. Building Elevations (4 sides)
k. Building and Detail Section
l. Mechanical Ventilation Design Summary Form
m. Heat Loss / Heat Gain Calculations and Furnace make/model
n. Energy Efficiency Design Summary form
o. Information sheet for MDS I calculation (if applicable)
p. Copy of deed or Record of Transfer may be required for newly created lots in Registered Plans
(if applicable)
7)
New Residential Townhouse, Multi-Unit and Apartment Building (Part 3 Building)
a. Approved Site Development Plan and Agreement (see Township Site Plan Control By-Law)
b. Geotechnical Investigation Report
c. Site Plan, Grading and Site Servicing Plan (s) prepared by a professional engineer (P.Eng.),
and an Ontario land surveyor (OLS)
d. Commitment to General Review by a professional engineer and Architect where Division C, 1.2
applies
e. Verification of on-site water supply for firefighting
f. Architectural Drawings (sealed)
g. Structural Drawings (sealed)
h. Mechanical Drawings (sealed)
i. Electrical Drawings (sealed)
j. Sprinkler and Standpipe Drawings (sealed) where applicable
k. Energy efficiency design compliance summary form (OBC Part 12; SB 10)
l. Copy of deed or Record of Transfer may be required for newly created lots in Registered Plans
(if applicable)
Building By-Law 2024-12
Page 21 of 22
8)
New Non-Residential Building or Addition (Part 3 or 9 Building)
a. Approved Site Development Plan and Agreement (see Site Plan Control By-Law)
b. Geotechnical Investigation Report
c. Site Plan, Grading and Site Servicing Plan (s) prepared by a professional engineer (P.Eng) and
an Ontario land surveyor (OLS)
d. Commitment to General Review by a professional engineer and/or Architect, where Division C,
1.2 applies
e. Verification of on-site water supply for firefighting
f. Where applicable, a complete Private Sewage System Permit Application (see 2., above)
g. Architectural Drawings (sealed)
h. Structural Drawings (sealed)
i. Mechanical Drawings (sealed)
j. Electrical Drawings (sealed)
k. Sprinkler and Standpipe Drawings where applicable (sealed)
9)
Non-Residential Alteration/Renovation/Change of Use (Part 3 or 9 Building)
a. Approved Site Development Plan and Agreement (see Township Site Plan Control By-Law)
b. Commitment to General Review by a professional engineer and/or architect, where Division C,
1.2 applies
c. Architectural Drawings (sealed), and includes applicable;
i. Elevations, Sections and Details
ii. Structural Drawings (sealed)
iii. Mechanical Drawings (sealed)
iv. Electrical Drawings (sealed)
v. Evaluation of the existing private septic system.
10) Farm Building (livestock housing facility, or nutrient storage facility and fixed transfer
systems)
a. Site Plan (confirmation of location of building by OLS for MDS II purpose may be required)
b. Commitment to General Review by professional engineers, where OBC Division C, 1.2 applies
c. Site Characterization Report and Commitment to General Review (where required by the
Nutrient Management Regulations)
d. Foundation Plan (sealed)
e. Floor Plan including interior penning and room layouts and uses (sealed)
f. Structural Plans and Specifications (sealed)
g. Building Section (sealed)
h. Engineered Roof Framing Plans
i. Confirmation of Drain relocate/disconnection (by Municipal Drainage Superintendent, where
applicable)
11) Farm Building (Accessory Uses)
a. Site Plan
b. Commitment to General Review by professional engineers, where OBC Division C, 1.2 applies
c. Foundation Plan (sealed)
d. Floor Plan including room layouts and uses (sealed)
e. Structural Plans and Specifications (sealed)
f. Building Section (sealed)
g. Engineered Roof Framing Plans
12) Designated Structures (including agricultural commodities storage bunkers and bins)
a. Site Plan
b. Geotechnical review where new foundation system or ballasting is required
c. Structural Drawings or specifications
d. Elevations where applicable
e. Sections and Detail where applicable
f. MDS II calculations if applicable (nutrient storage facilities)
Building By-Law 2024-12
Page 22 of 22
SCHEDULE "G" TO
BY-LAW 2024-12
PRESCRIBED FORMS
A)
Application to Construct or Demolish, Change the Use of a Building [Pursuant to Subsection 8.(1)
of the Building Code Act, 1992]
B)
Order to Comply [Pursuant to Subsection 12.(2) of the Building Code Act, 1992]
C)
Stop Work Order [Pursuant to Subsection 14.(1) of the Building Code Act, 1992]
D)
Order Not to Cover or Enclose [Pursuant to Subsection 13.(1) of the Building Code Act, 1992]
E)
Order to Uncover [Pursuant to Subsection 13.(6) of the Building Code Act, 1992]
F)
Order Requiring Tests and Samples [Pursuant to Subsection 18.(1)(f) of the Building Code Act, 1992]