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THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY
BY-LAW NUMBER 2019-058
To Govern the Issuance, Administration, and Enforcement
of Building Permits, Change of Use Permits, and Occupancy Permits
WHEREAS Subsection 3(1) of the Building Code Act, 1992, S.O. 1992, Chapter
23, as amended, provides that the Council of The Corporation of the Town of
East Gwillimbury (the "Town") is responsible for the enforcement of the Building
Code Act within the geographic area of the Town;
AND WHEREAS Subsection 3(2) of the Building Code Act, 1992, S.O. 1992,
Chapter 23, as amended, requires that the Town Council shall appoint a Chief
Building Official and such inspectors as are necessary for the enforcement of the
Building Code Act within the geographic area of the Town;
AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, Chapter
23, as amended, authorizes Town Council to pass certain by-laws respecting
classes of building permits, permit application documents, forms, setting and
refunding of fees, interest and penalties, inspections, establishing and governing
prescribed Inspection Programs, and other related matters;
AND WHEREAS Subsection 8(3.1) of the Building Code Act, 1992, S.O. 1992,
Chapter 23, as amended, provides that Town Council may, in writing, delegate to
the Chief Building Official the power to enter into agreements described in clause
8(3)(c) of the Act;
AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, Chapter
25, as amended, provides that if a municipality has the authority under this or any
other Act or under a By-law under this or any other Act to direct or require a
person to do a matter or thing, the municipality may also provide that, in default
of it being done by the person directed or required to do it, the matter or thing
shall be done at the person's expense:
NOW THEREFORE Town Council hereby enacts as follows:
1.
SHORT TITLE
1.1.
This By-law may be cited as "The Building By-law."
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2.
ADMINISTRATION
2.1.
Unless otherwise stated, the Chief Building Official (CBO) for the
Town, and an assisting Deputy Chief Building Official (DCBO) acting
on behalf and in the absence of the CBO, shall administer and enforce
this by-law;
2.2.
The authority to prescribe the building application forms is delegated
to the CBO;
2.3.
The CBO is hereby authorized to execute, on behalf of the Town, the
written agreement referred to in Subclause 5.4(1)(c)(iv) of this By-law
as part of a conditional building permit application; and
2.4.
The CBO is hereby authorized to execute on behalf of the Town, the
written spatial separation agreements with owners of the properties on
which a required limiting distance is measured, as set out in Division
B, Part 9, Sentences 9.10.15.2.(4) and Part 3, Sentences 3.2.3.1.(11)
of the Building Code.
3.
DEFINITIONS
3.1.
For the purposes of this By-law the following definitions and
interpretations shall govern:
(1) "Act" means the Ontario Building Code Act, 1992, S.O. 1992, Chapter
23, as amended;
(2) "Alternative Solution" means a substitute for an acceptable solution,
proposed by an applicant pursuant to Article 1.2.1.1. of Division "A" of
the Building Code;
(3) "Applicable Law" means the list found in Article 1.4.1.3. of Division "A"
of the Building Code;
(4) "Applicant" means the owner, 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;
(5) "Architect" means the holder of a licence, a certificate of practice, or a
temporary licence under the Architect's Act;
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(6) "As constructed plans" mean construction plans and specifications that
show the building and the location of the building on the property as
the building has been constructed;
(7) "Building" means:
(a) a structure occupying an area greater than ten square metres
consisting of a wall, roof and floor or any of them or a structural
system serving the function thereof including all plumbing, works,
fixtures and service systems appurtenant thereto,
(b) a structure occupying an area of ten square metres or less that
contains plumbing, including the plumbing appurtenant thereto,
(c) plumbing not located in a structure,
(d) a sewage system, or
(e) structures designated in the Building Code;
(8)
"Building Code" means regulations made under Section 34 of the
Ontario Building Code Act, 1992, S.O. 1992, Chapter 23, as amended;
(9)
"Building Permit" means the permission or authorization issued in
writing by the CBO under Subsection 8(1) of the Act, to perform
construction or demolition of a building or part of it in the Town as
regulated under this By-law, the Act, the Building Code, and may
include a staged building permit as set out in Subsection 4.2 herein;
(10) "BCIN" means a Building Code Identification Number, in good
standing, issued by the Ministry of Municipal Affairs and Housing of
Ontario to "Registered" entities as defined in Division "C" Sentences
3.1.1.2.(1), 3.2.3.1.(1), 3.3.2.1.(1), and 3.4.2.1.(1) of the Building
Code;
(11) "Business Day" means all days of the week other than Saturday,
Sunday, statutory holidays, and all other days when the offices of the
Town are not open for the transaction of business with the pubic;
(12) "Change of Use Permit" means the permission or authorization issued
in writing by the CBO under Subsection 10(1) of the Act, to change the
use of a building or part of it, where no construction or demolition is
proposed;
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(13) "Chief Building Official" means the person appointed by By-Law by
Town Council for the purpose of administration and enforcement of the
Act;
(14) "Complete Application" means an application for a building permit
under Subsection 8(1) of the Act that meets the requirements set out
in Sentence 1.3.1.3.(5) of Division C of the Building Code for
applications where the CBO is required to make a decision within the
prescribed time period;
(15) "Construct" means to do anything in the erection, installation,
extension or material alteration or repair of a building and includes the
installation of a pre-fabricated or relocated building, and "construction"
has a corresponding meaning;
(16) "Construction Value" means the value prescribed by the CBO to
represent the total value of work, services, and material associated
with the construction for which a building permit is applied;
(17) "Demolish" means to do anything in the removal of a building or any
material part thereof and "demolition" has a corresponding meaning;
(18) "Demolition Plan" means a report prepared by a Professional Engineer
conforming to the requirements of O.Reg. 260/08, as amended, under
the Professional Engineers Act;
(19) "Deputy Chief Building Official" means the person appointed by By-
Law by Town Council, acting in the capacity of the CBO from time-to-
time, in the absence of the CBO, for the purpose of administration and
enforcement of the Act in respect of Section 1.1.(6)(b) and (c) of the
Act;
(20) "electronic submission" means the filing of a building permit, change of
use permit, occupancy permit, or alternative solution application,
including all required forms, documents and drawings, submitted
through an electronic application procedure approved by the CBO;
(21) "Fee(s)" means all fees, collected by the Town, pertaining to the
construction or demolition of a building or part thereof, change of use
of a building, and other services, unless otherwise stated, and listed in
Schedule "C" of this By-Law;
(22) "Gross Floor Area" means the aggregate of the areas of each floor of
a building, measured between the exterior faces of the exterior walls
of the building, or where there are common walls between uses or
buildings, measured to the centre-line of a common wall, and excludes
floors in unfinished cellars and basements;
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(23) "Inspector" means a person, appointed by By-law by Town Council
under Subsection 3(2) of the Act to carry out those duties as described
in Subsection 1.1(7) of the Act, listed in Schedule "A" of this By-Law;
(24) "New Development" means development within the Settlement Area
Boundary as identified in the Town's Official Plan and/or registered
plans of subdivision;
(25) "New Residential Development" means the development to which
residential development charges are applicable;
(26) "Occupancy Permit" means the permission or authorization given in
writing by the CBO to occupy a building or part of it, in the Town as
regulated under this By-law, and the Building Code;
(27) "Owner" means the registered owner of the land, a lessee, a
mortgagee in possession, upon which is located or will be located, the
building or part thereof;
(28) "Permit Holder" means the owner or authorized agent of the owner to
whom a building permit or change of use permit has been issued, or
where a building permit has been transferred, the transferee;
(29) "Pre-application review" means the review of forms, documents, and
drawings which precedes the acceptance of a building permit
application to determine if it meets submission requirements;
(30) "Professional Engineer" means the holder of a licence, a Certificate of
Authorization, or a temporary licence under the Professional
Engineer's Act;
(31) "Sewage System" means a sewage system as defined in Article
1.4.1.2 of Division A of the Building Code;
3.2.
Any word or term not defined in this By-law shall have the meaning
ascribed to it in the Act or the Building Code.
4.
CLASSES OF PERMITS
4.1.
The classes of building permits required for construction and
demolition, change of use permits, and occupancy permits of
buildings, and their respective fees, are as set out in Schedules "B"
and "C" to this By-law. In addition, a staged building permit or
conditional building permit may be issued;
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4.2.
Staged building permits are required for a new residential
development under the provisions of a subdivision agreement, and a
new development. A staged building permit requires a complete plans
examination confirming compliance with the Act, Building Code, and
applicable law. Staged building permits will be issued for the following
phases of construction:
(a) Stage 1: completion of the footings and supported foundations; and
(b) Stage 2: completion of the remainder of the building.
4.3.
A certified survey showing the location of the foundation on the lot and
the elevation of the top of the foundation wall is required after
installation of the foundation, to satisfy completion of Stage 1 for
staged building permits;
4.4.
Conditional building permits may be issued at the discretion of the
CBO under Subsection 8.(3) of the Act;
4.5.
On completion of the construction of any building, the CBO may
require the applicant to file a set of as constructed plans and a survey
of the building.
5.
REQUIREMENTS FOR A BUILDING PERMIT APPLICATION
5.1. General Application Requirements for All Building Permit
Applications
(1) Every building permit application and revision to a building permit must
meet the requirements of this Section and shall:
(a) be made by an applicant, accompanied by acceptable proof of
ownership or corporate identity, unless such proof is determined
by the CBO to be unnecessary;
(b) be submitted to the CBO on completed forms and Schedules
prescribed by the Province of Ontario or when no form is
prescribed, on a form prescribed by the CBO;
(c) be accompanied by the payment of the required fees calculated
in accordance with Subsection 11.1 herein and Schedule "C" of
this By-law;
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(d) be accompanied by the required plans, specifications,
information, and documentation prescribed in Section 9 herein
and Schedule "B" of this By-law;
(e) unless otherwise determined by the CBO, not be accepted until a
pre-application review has been completed to the satisfaction of
the CBO or designate; and
(f) be a complete application, unless an applicant has signed a
waiver and acknowledges that the building permit application is
not a complete application, in which case the CBO may accept
said application and process as time and workloads permit.
However, under no circumstances will a building permit be
issued until the application has been rendered complete or meets
all the requirements for consideration as a conditional building
permit in Subsection 5.4 of this By-law. Incomplete applications,
where accepted, are not subject to the time-frames set out in the
Building Code.
(2) A building permit, including a conditional building permit and a revision
to a building permit, that is issued for part of a building should not be
construed as authorizing construction beyond for which approval was
given, nor that approval will necessarily be granted for the entire
building or project;
(3) Where an application for a building permit to construct includes a
partial demolition or a major renovation that impacts more than 50% of
the existing gross floor area of the building, a separate building permit
to demolish shall first be obtained
(4) Where the CBO determines that a third-party peer review is required
to determine if compliance with the Act or Building Code is achieved,
the CBO, shall:
(a) Notify the applicant that the building permit application will be
referred to a third party and that additional fees calculated in
accordance with Schedule "C" of this By-law will be added to the
building permit fee;
(b) Obtain confirmation from the applicant for the reliance on a third-
party and the added fees; and
(c) Where the applicant does not confirm or approve the reliance on
a third-party within the specified time, the CBO may abandon the
building permit application.
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(5) The applicant for a building permit, regardless of whether they are the
owner, may make a written request to the CBO to have the submitted
application withdrawn. A fee refund applicable to a withdrawn
application shall be granted in accordance with Subsection 11.2
herein; and
(6) Where a building permit application does not contain sufficient
information to enable the CBO to determine whether the proposal will
contravene the Act, the Building Code, or any other applicable law, the
application is deemed to be incomplete and may be refused.
5.2. Supplementary Application Requirements for a Building Permit to
Construct
(1) Every application for a building permit under Subsection 8(1) of the
Act to construct a building or part thereof, shall;
(a) identify and describe in detail the work to be done and the
existing and proposed use and occupancy of the building, or part
thereof, for which the application for a building permit to construct
is made;
(b) describe the subject land in a way that it is readily identifiable
and the site of the proposed work is easily distinguished, and if
requested, submission of a legal survey;
(c) for new development, refer to a current plan of survey certified by
a registered Ontario Land Surveyor, and a copy of the plan of
survey shall be filed with the CBO or designate;
(d) for additions, identify and describe in detail the existing sewage
system, its location, and its capacity; and
(e) identify and describe in detail any structural effect the proposed
work may have on any land, building or structure abutting the
subject land;
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5.3. Supplementary Application Requirements for a Building Permit to
Demolish
(1) Every application for a building permit under Subsection 8(1) of the
Act to demolish a building or part thereof, shall;
(a) identify and describe in detail the work to be done and the
existing use and occupancy of the building, or part thereof, for
which the application for a building permit to demolish is made,
and the proposed use and occupancy of that part of the building,
if any, that will remain upon completion of the demolition;
(b) for demolition within the scope of Sentence 1.2.2.3.(1) of Division
C of the Building Code or as determined by the CBO, be
accompanied by a demolition plan, describing the structural
characteristics of the building and the method of demolition of the
building;
(c) be accompanied by proof, satisfactory to the CBO, that
arrangements have been made with the proper authorities for the
termination and capping of all the water, sewer, gas, electric,
telephone, telecommunication, or other utilities and services.
5.4. Supplementary Application Requirements for a Conditional Building
Permit
(1) Every application for a building permit under Subsection 8(3) of the
Act for a conditional building permit for a building or part thereof, shall;
(a) comply with Subsections 5.1 to 5.3 herein and provide plans and
specifications in accordance with Section 9 for proposed works
within the scope of the requested conditional building permit,
forming a subset of the application for a building permit to
construct;
(b) be submitted after ten (10) Business Days have elapsed from the
time the associated application for a building permit to construct
was submitted;
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(c) be accompanied by:
(i)
an executed form, available from the CBO, requesting
consideration for a conditional building permit and all
reasons why the applicant believes that unreasonable
delays in construction would occur if a conditional building
permit is not issued;
(ii)
a written acknowledgement from the applicant of the state
of any outstanding approvals which must be obtained in
respect of a building permit to satisfy applicable laws and
the time period in which such approvals shall be obtained
by the applicant;
(iii)
a written acknowledgment from the applicant that the
conditional building permit is not a substitute for a building
permit required under Subsections 5.2 to 5.3 herein and
that the applicant is not absolved of its roles and
responsibilities under the Act;
(iv)
a written agreement, in a form provided by the CBO,
executed by the applicant, the owner, and such other
necessary persons as the CBO may require;
(v)
by the non-refundable fees calculated in accordance with
Schedule "C" of this By-law, in addition to the required
building permit fees;
(vi)
all securities and performance deposits that the CBO
requires, to form part of the written agreement in
Subsection 5.4.(1)(c)(iv);
(vii)
a written acknowledgement from the applicant that the
agreement referenced in Subsection 5.4.(1)(c)(iv), may be
registered against the land.
(2) Where an applicant requests revisions to a conditional building permit
that has been issued, an application for a new conditional building
permit application is required;
(3) The CBO shall not, by reason of the issuance of the original
conditional building permit, be under any obligation to grant any
additional permits;
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5.5. Dormant Building Permit Application
(1) An application for a building permit shall be deemed to be dormant
where,
(a) the application remains inactive or incomplete according to
Subsection 5.1 for five (5) months after it was submitted; or,
(b) five (5) months have elapsed after the applicant was notified that
the proposed construction or demolition will not comply with the
Act or the Building Code, or will contravene any other applicable
law.
(2) Where an application is deemed to be dormant, the application will be
removed from the active roster and retained until either,
(a) the applicant has chosen to reactivate the application or;
(b) the application has been deemed abandoned in accordance with
Section 5.7(1).
5.6. Reactivation of a Dormant Building Permit Application
(1) Where an applicant has chosen to continue with the processing of a
dormant building permit application, and where the dormant
application has not been abandoned, the applicant shall pay the
required fee as set out in Schedule "C" to reactivate.
5.7. Abandoned Building Permit Application
(1) An application for a building permit shall be deemed to have been
abandoned by the applicant where,
(a) the application fails to meet the minimum submission
requirements as set out in Subsection 5.1. within six (6) months
after it was submitted; or
(b) six (6) months have elapsed since the applicant was notified that
the proposed, construction, demolition or change of use will not
comply with the Act or the Building Code or will contravene any
other applicable law; or
(c) six (6) months have elapsed since the applicant was notified that
a building permit was available to be issued.
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(2) Where an application is deemed abandoned, all submitted plans,
specifications and documents shall be disposed of, and a refund in
accordance with Subsection 11.2. herein, will be issued.
6.
REQUIREMENTS FOR A CHANGE OF USE PERMIT APPLICATION
6.1. Every application for a change of use permit must meet the
requirements of this Section and shall:
(a) be made by an applicant, accompanied by acceptable proof of
ownership or corporate identity, unless such proof is determined
by the CBO to be unnecessary;
(b) be submitted to the CBO on completed forms and Schedules
prescribed by the Province of Ontario or when no form is
prescribed, on a form prescribed by the CBO;
(c) be accompanied by the non-refundable payment of the required
fees calculated in accordance with Schedule "C" of this By-law;
(d) be accompanied by the required plans, specifications,
information, and documentation prescribed in Section 9 herein
and Schedule "B" of this By-law;
(e) identify and describe in detail the existing and proposed use and
occupancy of the building, or part thereof, for which the
application for a change of use permit is made;
(f) unless otherwise determined by the CBO, not be accepted until a
pre-application review has been completed to the satisfaction of
the CBO;
6.2. Where six (6) months have elapsed since the application for a
change of use permit, it shall be deemed abandoned and all
submitted plans, specifications, and documents shall be disposed
of;
6.3. After the issuance of a change of use permit, should the permit
holder need to make any material change to any plan, specification,
document, or other information on the basis of which the change of
use permit was issued, the permit holder shall:
(a) acknowledge that the change of use permit issued under Section
6 herein is revoked; and
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(b) obtain a building permit to construct in accordance with Section 5
herein.
6.4. A change of use permit is not transferrable.
7.
REQUIREMENTS FOR AN OCCUPANCY PERMIT APPLICATION
7.1. Every application for an occupancy permit of a building not fully
completed, for other than a dwelling in a house, under Subsection 1.3.3.
of Division C of the Building Code shall,
(a) be made by an applicant, accompanied by acceptable proof of
ownership or corporate identity, unless such proof is determined
by the CBO to be unnecessary;
(b) be submitted to the CBO on completed forms and Schedules
prescribed by the Province of Ontario or when no form is
prescribed, on a form prescribed by the CBO;
(c) be accompanied by the non-refundable payment of the required
fees calculated in accordance with Schedule "C" of this By-law
(d) be accompanied by as constructed plans, based on the building
permit plans, which show the areas of the proposed occupancy
and measures undertaken to restrict access to areas of the
building which are unfinished;
(e) identify and describe in detail the proposed occupancy, the
proposed date of such occupancy, and the building or part
thereof for which the application for an occupancy permit is
made; and
7.2. Where an application for an occupancy permit relates to the partial
occupancy of a building prior to its completion, a separate application
is required for each stage of occupancy;
7.3. Where an inspection under an occupancy permit fails or more than six
(6) months have elapsed since the issuance of an occupancy permit,
the applicant shall reapply for a new occupancy permit, even if there is
no change in the proposed areas to be occupied.
7.4. An occupancy permit is not transferrable.
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8.
REVISON, TRANSFER, WITHDRAWAL, OR REVOCATION OF A
BUILDING PERMIT
8.1. Revision to a Building Permit
(1) After the issuance of a building permit, should the permit holder need to
obtain an authorization to make any material change to any plan,
specification, document, or other information on the basis of which the
building permit was issued, the permit holder shall, before making the
material change, obtain a revised building permit by:
(a) submitting to the CBO completed forms and Schedules prescribed by
the Province of Ontario or when no form is prescribed, on a form
prescribed by the CBO;
(b) revised plans, specifications, information, and documentation that
describe and capture all of the proposed material changes in
accordance with Section 9;
(c) where the CBO determines that the proposed material changes are
significant or that the proposed material changes become subject to
applicable law, the permit holder shall apply for a new building permit
application in accordance with Section 5; and,
(d) pay the fees calculated in accordance with Schedule "C" of this By-
law, that correspond with the scope of the proposed revision or for a
new building permit.
8.2.
Transfer of a Building Permit
(1) If the owner of the land changes after a building permit has been issued,
a building permit may be transferred to the new owner (the "transferee")
of the lands, in which case the transferee shall:
(a) complete an application on a form prescribed by the CBO;
(b) include a written statement from the current permit holder authorizing
the transfer of the building permit to the transferee;
(c) state the name, address, telephone number of the proposed
transferee;
(d) include proof of ownership of the lands by the transferee satisfactory
to the CBO;
15
(e) confirm that the work to be done and the existing and proposed use
and occupancy of the building or part thereof, for which the application
for the transfer of the building permit is made, is the same as that
identified and described on the application of the building permit;
(f) state the name, address, telephone number and facsimile number of
the proposed designer, Architect and/or Professional Engineer, and
their BCIN, where they are different from those identified in the
application for the building permit, and a written confirmation from the
designer, Architect and/or Professional Engineer(s), that they have
been retained to undertake general review of the construction or
demolition where required under the Building Code;
(g) include, where the proposed transferee is a builder as defined in the
Ontario New Home Warranties Plan Act, the proposed transferee's
registration number;
(h) be accompanied by the payment of the fee calculated in accordance
with Schedule "C"; and
(i) be signed by the proposed transferee who shall certify as to the truth
of the contents of the application.
(2) Upon the issuance of transfer of a building permit to the transferee, the
transferee shall be deemed to be the permit holder and the original
permit holder shall have no further rights or obligations under the building
permit save and except for any obligations set out in any agreements
entered into pursuant to Subsection 5.4(1)(c)(iv).
8.3.
Withdrawal of a Building Permit
(1) A person to whom a building permit has been issued may make a
written request to the CBO to have the building permit withdrawn
provided that;
(a) no work has commenced in respect of the building for which the
building permit was issued; and
(b) the written request is received by the CBO before the building
permit has been abandoned pursuant to Subsection 5.7;
(2) A fee refund for a withdrawn building permit shall be granted in
accordance with Subsection 11.2 of this By-law.
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8.4.
Revocation of a Building Permit
(1) Prior to revoking a building permit, the CBO may give written notice of
an intention to revoke the building permit to the permit holder at the
permit holder's address shown on the application or to such other
address as the permit holder has provided to the Town for that
purpose;
(2) Following issuance of the notice described in Sentence 8.4.(1), the
building permit may be revoked immediately or after a period
prescribed by the CBO, provided the grounds for revocation still exist,
and all submitted plans, specifications, documents and other
information submitted by the permit holder may be disposed of or,
upon written request from the permit holder, returned to the permit
holder along with a refund in accordance with Subsection 11.2. herein;
(3) Notice under Subsection 8.4.(1)) shall be given to the permit holder
either personally or by registered mail, and where notice is by
registered mail, it shall be deemed to have been served on the fifth
day after the day of mailing;
(4) The permit holder may, within the period prescribed by the CBO in
Subsection 8.4.(2) submit a written request for deferral of revocation of
a building permit to the CBO stating the reasons why the building
permit should not be revoked, accompanied by the payment of the
required fees calculated in accordance with Schedule "C"; and,
(5) Where a deferral by the CBO is granted, the CBO may extend the
building permit for up to six (6) months. No more than two (2) deferral
requests may be granted to extend the building permit for a maximum
of eighteen (18) months from the date of issuance.
9.
PLANS, SPECIFICATIONS, AND DOCUMENTS
9.1. As part of the application for a building permit or change of use permit,
and in addition to the requirements of Sections 5 and 6 herein, every
applicant shall submit two copies of the following to the CBO:
(1) plans, specifications, documents, forms, and such other information as
prescribed in Schedule "B" or any other information as may be
deemed necessary by the CBO to determine whether the proposed
construction, demolition, or change of use of a building conforms to
the Act, the Building Code, and any other applicable law;
17
(2) identify and describe in detail any structural effect the proposed work
may have on any land, building or structure abutting the subject land;
and
(3) where a site plan is required, the site plan shall reference a current
plan of survey certified by a registered Ontario Land Surveyor and
shall include:
(a) legal description, lot size, location, and dimensions of the
property;
(b) setbacks from existing and proposed buildings to property
boundaries and to each other;
(c) location and dimensions of any proposed and all existing
building(s) including the elevations of proposed and existing
service connections;
(d) existing and proposed elevations of the work site plotted on a
contour grid as required by the Town's Community Infrastructure
and Environmental Services Department;
(e) the center line and any elevations of any streets abutting the
subject land;
(f) existing rights of way, easements and municipal services;
(g) describe any encroachments onto other properties, including
municipal, regional, and provincial lands, including
encroachments for temporary work (e.g. hoarding, excavation,
shoring, and site servicing); and
(4) where the application for a building permit to construct a sewage
system is made, in addition to the requirements for a site plan in
Subsection 9.1.(3) herein, the site plan shall depict the following:
(a) the location of items listed in column 1 of Tables 8.2.1.6.A,
8.2.1.6.B, and 8.2.1.6.C of Division B of the Building Code;
(b) the location of the proposed sewage system;
(c) the location of any unsuitable soil, disturbed or compacted areas,
or slopes greater than 4:1;
(d) proposed access routes for system maintenance;
(e) depth to bedrock;
18
(f) depth to zones of soil saturation;
(g) soil properties, based on a site evaluation, including soil
permeability; and
(h) grade conditions, including the potential for flooding.
9.2. As part of the application for a building permit or change of use permit and
in addition to the requirements of Sections 5 and 6 of this By-law, where
applicable, every applicant shall submit to the CBO the following approvals
and confirmations:
(1) for a building permit to be considered a complete application for the
purposes of satisfying the requirement in Subclause 1.3.1.3.(5)(f)(iv) of
Division C of the Building Code, every building permit application shall
be accompanied by the approval documents issued by the agencies
responsible for the Applicable Law listed in the Building Code, where
those agencies issue approval documents and the law applies to the
construction or demolition being proposed;
(2) approval from the Regional Public Health Unit for projects involving
facilities to be used in the preparation of food for the general public. It
is the responsibility of the applicant to obtain and provide this approval
with their application;
(3) confirmation from the Town's Community Parks, Recreation, and
Culture Department that, for development where tree preservation
provisions have been incorporated into the subdivision agreement,
that the provisions have been adequately satisfied in the planning of
the project. It is the responsibility of the applicant to obtain and
provide this confirmation with their application;
(4) confirmation from the Town's Community Infrastructure and
Environmental Services Department that development lot grading
approval has been granted for individual lots. It is the responsibility of
the applicant to obtain and provide this confirmation with their
application;
(5) confirmation from the Town's Community Infrastructure and
Environmental Services Department, Region of York Transportation
and Work Department, or the Ministry of Transportation that for
development where entrance approval (temporary and permanent) is
required from the road to the property, approval has been obtained. It
is the responsibility of the applicant to obtain and provide this
confirmation with their application;
19
(6) confirmation from the Town's Planning Branch that for development
where site plan approval is required, that the approval has been
obtained. It is the responsibility of the applicant to obtain and provide
this confirmation with their application;
(7) approval from the Town's Community Infrastructure and
Environmental Services Department of a satisfactory lot grading
review for all new development, except for those proposing interior
alterations only; and
(8) approval from the Town's Emergency Services Department where the
application is for an industrial, institutional, commercial building,
accessory apartment, or as determined by the CBO. It is the
responsibility of the applicant to obtain and provide this approval with
their application.
9.3. Plans, specifications and other documents submitted by an applicant shall:
(1) be fully coordinated among design disciplines and intended for
construction, demolition or change of use;
(2) be fully dimensioned and drawn to a suitable scale that clearly depicts
the proposed construction, demolition or change of use;
(3) be submitted on paper or other suitable and durable material;
(4) contain information and text that is clear and legible;
(5) show the existing and proposed use of each room or floor area in the
building(s);
(6) construction details specific to the proposed project, to the satisfaction
of the CBO or designate, which may include those listed in Schedule
"B"; and
(7) where the Building Code requires that an Architect or Professional
Engineer, or both, be retained to undertake the general review of the
construction or demolition of a building, the applicant shall submit a
signed statement by an Architect, Professional Engineer, or both, in
which they agree to undertake the general review. Upon completion of
such project, final reports shall be submitted to the CBO.
9.4. On completion of the construction of a building the CBO may require the
applicant to submit a set of as constructed plans, including a plan of
survey showing the location of the building.
20
9.5. On a date to be determined by the CBO, the requirements for two copies
of plans and specifications in Subsection 9.3(3) of this By-law may be
substituted with an electronic submission process;
9.6. Plans and specifications submitted in accordance with this By-law or
otherwise required by the Act become the property of the Town and will
be disposed of or retained in accordance with relevant legislation or By-
law.
10.
REQUIREMENTS FOR NOTICE OF INSPECTIONS
(1) Inspection notices required by the Building Code and this By-law shall
be made in writing or by using the Town's building permit inspection
request line, which has been prescribed for this purpose;
(2) The permit holder shall notify the CBO by 3:30PM, the day prior to the
need for the inspection, for each prescribed inspection required by
Articles 1.3.5.1 and 1.3.5.2 in Division C of the Building Code and any
additional required notices under Subsection 10.(3) in this By-law;
(3) In addition to the notices prescribed by the Building Code, the permit
holder shall also give notice to the CBO of the following stages of
construction:
(a) commencement of construction of,
(i) masonry fireplaces and masonry chimneys;
(ii) factory-built fireplaces and allied chimneys; or
(iii) stoves, ranges, space heaters and add-on furnaces using
solid fuels and allied chimneys;
(b) substantial completion of interior finishes;
(c) substantial completion of heating, ventilating, air-conditioning and
air-contaminant extraction equipment; and,
(d) Completion of the construction or demolition work no more than
two (2) Business Days after that date.
(4) A notice pursuant to this section of the By-law is not effective until
notice is actually received by the CBO; and,
21
(5) Upon receipt of proper notice, the Inspector shall perform an
inspection to which the notice relates within two (2) Business Days for
a building inspection and within five (5) Business Days for a sewage
system inspection, in accordance with the time periods stated in
Article 1.3.5.3. of Division C of the Building Code and Subsection
11(4) of the Act.
(6) Where six (6) months has passed since the issuance of a building
permit or change of use permit, and notification has not been received
for an inspection, and a request for an extension has not been
received, upon confirmation that construction has not commenced, the
building permit or change of use permit shall be revoked in
accordance with Subsection 8.4;
11.
BUILDING PERMIT AND INSPECTION FEES, AND REFUNDS
11.1.
Building Permit and Inspection Fees
(1) The required application fees shall be determined in accordance with
Schedule "C" to this By-law;
(2) Where it is determined that the required fees, or part of the fees, must
be calculated on a construction value basis calculated in accordance
with Schedule "C" of this By-law, the construction value may include
the cost of all professional and related services in respect of the
proposed construction or demolition as determined by the CBO;
(3) In addition to the building permit fees, when a peer review is required
to determine compliance with the objective code provisions of the
Building Code, or other Building Code related peer review, the cost of
the peer review shall be borne by the applicant. An administration fee,
calculated in accordance with Schedule "C" of this By-law, shall also
apply;
(4) In addition to the building permit fees, where an applicant significantly
revises proposed materials, systems, or a building design after
examination of a previous submission has already been undertaken,
but before the building permit is issued, a re-examination fee shall be
calculated in accordance with Schedule "C" to this By-law;
(5) In addition to the building permit fees, where an applicant applies for a
conditional building permit, a non-refundable fee shall be calculated in
accordance with Schedule "C" to this By-law;
22
(6) The total fee payment shall be paid at the time of building permit
issuance. The total fee will be based on the fee schedule valid on the
date of building permit issuance. The fee collected shall be the greater
of the minimum fee or the fee calculated using the fee multiplier. If the
difference between the fee deposit and the fee due at the time of
issuance is less than $25.00, the outstanding amount will be deemed
to be $0. Any overpayment will be refunded to the person who
supplied the deposit, unless otherwise directed in writing by that
person;
(7) Notwithstanding the enforcement requirements of the Act, where a
building permit application has been received, and where construction
has commenced in advance of the issuance of a building permit, the
applicant shall pay the required surcharge as set out in Schedule" C";
(8) The occupancy permit fee for a dwelling in a house is included in the
building permit fees;
(9) Where the inspector has conducted two previous inspections for the
same stage of construction, either at the request of the permit holder or
the owner, the person requesting an additional inspection thereafter
shall pay, in advance of the inspection, a fee calculated in accordance
with Schedule "C" for this and any future inspection for the same stage
of construction;
(10) Where a permit holder requests an inspection outside of regular
working hours, and the CBO agrees to provide such service, a non-
refundable fee calculated in accordance with Schedule "C" shall be
collected; and,
(11) Where a written request from a permit holder for a six month deferral
is received and granted by the CBO, a non-refundable fee calculated
in accordance with Schedule "C" shall be collected.
11.2.
Refunds
(1) In the case of withdrawal or refusal of an application for a building
permit, or where a building permit application has been deemed to be
abandoned as set out in Subsection 5.7 herein, upon written request,
the CBO will determine the amount of fees, if any, which are
refundable;
23
(2) Subject to Sentence (1) above, the amount of fees refundable shall be
calculated as a percentage of the total building permit fee as follows:
(a) 75% of all building permit fees paid in full or due under this By-
law if the application is withdrawn prior to any building permit
review;
(b) 60% of all building permit fees paid in full or due under this By-
law if the application is withdrawn after commencement of the
review and prior to building permit issuance;
(c) 55% of all building permit fees paid in full or due under this By-
law if the building permit has been denied and the applicant does
not amend the plans to bring them into compliance with the
requirements within the specified time period;
(d) 55% of all building permit fees paid in full or due under this By-
law if the building permit has been issued, but before
construction or demolition commences, the CBO revokes a
building permit or grants a request to revoke a building permit no
later than six (6) months after the date the building permit was
issued;
(e) No refund shall be made if construction or demolition has
commenced;
(f) No refund shall be made where the amount is equal to or less
than the minimum building permit fee; or
(g) No refund shall be made where an inspection required under the
Building Code or this By-law has not been arranged, and six (6)
months or more have elapsed after the date the notice was
issued or the inspection was required.
12.
OTHER SERVICES
12.1.
Alternative Solution
(1) Where the prescriptive requirements or acceptable solutions of
Division B of the Building Code are not met, the applicant may apply to
obtain, and the CBO may approve, an alternative solution under
Section 2.1 of Division C of the Building Code.
24
(2) An alternative solution may only be proposed at the time of building
permit application or subsequent to the Town's review of the building
permit application submissions, in which case the applicant shall
submit:
(a) a completed application on a form prescribed by the CBO;
(b) identification of the prescribed acceptable solutions under
Division B of the Building Code, and their objective and functional
statements under Division A of the Building Code;
(c) a description of the proposed alternative solution for the material,
system or building design for which authorization is sought;
(d) supporting evaluation and assessment demonstrating that the
proposed material, system or building design will provide an
equivalent level of performance to the requirements of the
Building Code;
(e) the qualifications of the designer responsible for the evaluation
and assessment of the alternative solution; and
(f) payment of the required non-refundable fees calculated in
accordance with Schedule "C" of this By-law, in addition to the
required building permit application fee in Section 5 herein.
(3) The CBO may accept or reject any proposed alternative solution and
may impose conditions or limitation on their use;
(4) An alternative solution that is accepted under this section shall be
applicable only to the location described in the application and is not
transferable to any other location or building permit;
(5) If more than one alternative solution is proposed, each alternative
solution shall be a separate application and shall have separate fees
applied; and
(6) If the CBO determines that a third party review is required to evaluate
an alternative solution application, the applicant shall be notified, and
the applicant shall provide:
(a) a written acknowledgment, within two weeks of notification from
the CBO, that the alternative solution will be referred to a third
party for review; and
(b) a written acknowledgment to add the non-refundable fees of the
third party review, calculated in accordance with Schedule "C" of
this By-law, to the building permit fee.
25
12.2.
Maintenance Inspection Program
(1) In accordance with Section 7 of the Act and as required by Article
1.10.2.2. in Division C of the Building Code, the CBO is delegated the
authority to develop and administer the Town's On-Site Sewage
System Maintenance Program. Details of the Program are set out in
Schedule "D" of this By-law;
(2) Existing on-site sewage systems, described in the Town's On-Site
Sewage System Maintenance Program, must be inspected in the
timeframes set out in Article 1.10.2.4. of Division C of the Building
Code. Program fees for municipal inspections and administration are
set out in Schedule "C" of this By-law.
12.3.
Special Investigation
(1) Where an inspector or the CBO is notified by the Town's Municipal
Clerk, a Police force, or Emergency Services, to attend, inspect, or
review a building or site to determine its adequacy for structural or
health and safety requirements, the inspector or CBO may:
(a) In accordance with Subsection 15.9(1) of the Act, conduct a
special investigation, without a warrant, to determine if the
building is unsafe;
(b) be accompanied by any professional necessary to adequately
determine the condition of the building or site;
(c) if an order is required, register such orders with the proper land
registry office; and
(d) apply a non-refundable special investigation fee, calculated in
accordance with Schedule "C" of this By-law, at the time of
building permit application or registered as a priority lien against
the property, as permitted by Subsections 15.9(10) and
15.10(10) of the Act.
26
13.
FENCING CONSTRUCTION SITES
13.1.
Where, in the opinion of the CBO, a construction or demolition site
presents a particular hazard to the public, the CBO may require the
erection of such fencing as is deemed appropriate to the
circumstances but not limited to the standard stated in Section 13.4.
13.2.
In considering the hazard presented by a construction site, the
necessity for fencing, and its construction, the CBO shall have
regard for;
(1) the proximity of the construction site to other occupied buildings;
(2) the proximity of the construction site to lands accessible to the
public, including but not limited to streets, parks, and commercial
and institutional activities;
(3) the hazards presented by the construction activities and
materials;
(4) the feasibility and effectiveness of site fencing, and
(5) the duration of the hazard.
13.3.
Where there is fencing on or adjoining a construction site erected
prior to the application for a building permit in respect of that site,
such fencing may be deemed to be in compliance with this By-law
provided it is extended along the entire perimeter of the
construction site as determined by the CBO and the extended
fencing is erected in accordance with this By-law.
13.4.
Every fence required under this By-law shall be a minimum 4' high
and located on the perimeter of the construction site as determined
by the CBO, or designate, and constructed as follows:
(1) if of chain link construction, the chain link shall be fastened to a 1
½" diameter metal bar which is securely fastened to metal posts
which is not over 10 feet on center and embedded into the
ground to provide a rigid support. The chain link mesh shall have
a maximum 1 ½" opening;
(2) if of wood construction, the exterior face shall be ½ inch exterior
grade plywood, oriented strand board or equivalent material that
will not provide footholds for climbing. The facing shall be
supported by 2 inch X 4 inch nominal size posts spaced at not
more than 4 feet on center and embedded into the ground to
provide a rigid support;
27
(3) if the fence is of the snow fence or plastic mesh type, the fencing
should be securely fastened to T-bar posts which are not over 8
feet on centre, and embedded into the ground to provide a rigid
support. The fence is to be wired through the top and bottom and
secured to each post; and,
(4) other materials or methods may be substituted provided that
there is an equivalent barrier between properties and an
equivalent degree of safety provided.
13.5.
The fence may provide for openings sufficient to accommodate
construction vehicles, machines and any other equipment providing
services to the construction site provided that these openings are
closed off when the site is shut down.
14. SEVERABILITY
14.1.
In the event that any portion of this By-law is declared by a court of
competent jurisdiction to be invalid, it shall not affect the validity of
this By-law as a whole or any other part thereof, other than the
provision declared to be invalid.
15. MISCELLANEOUS
15.1.
All schedules to be and form a part of this By-law.
16. OFFENCES AND PENALTIES
16.1.
Every person or corporation who contravenes any provision of this
By-law is guilty of an offence and upon conviction is liable to a fine
as provided in section 36 of the Act; and,
16.2.
Orders may be registered on title, as permitted by the Act. Fees
associated with registering an order on title shall be calculated in
accordance with Schedule "C".
17. REPEAL
17.1
By-law 2016-51, as amended, is hereby repealed on the date this
By-law comes into force.
17.2
By-law 2018-73, as amended, is hereby repealed on the date this
By-law comes into force.
28
18. EFFECTIVE DATE
18.1
This By-law comes into full force and effect on the day passing.
ENACTED and PASSED this 7th day of May, 2019.
Virginia Hackson, Mayor
Fernando Lamanna, Municipal Clerk
LIST OF SCHEDULES TO THIS BY-LAW:
SCHEDULE "A"
APPOINTMENTS
SCHEDULE "B"
CLASSES OF BUILDING PERMITS
SCHEDULE "C"
FEES
SCHEDULE "D"
SEPTIC SYSTEM MAINTENANCE PROGRAM
SCHEDULE "A" to By-law No. 2019-058
APPOINTMENTS
Item Municipal Title
MMAH Registration
Name
1
Chief Building Official
(Acting)
Chief Building Official
András Szönyi
2
Deputy Chief Building
Official (Acting)
Supervisor
Walied Zekry
3
Inspector
Inspector
Carmelo Malandrino
4
Inspector
Inspector
Larry Callicragas
5
Inspector
Inspector
James Wong
6
Inspector
Inspector
Mike Ridgwell
7
Inspector
Inspector
Hailey Authier
8
9
10
11
12
Schedule B1, 2, 3. to By-law No. 2019-058 Page 1 of 3
Documents & Drawings Required For A Complete Application (Paper or Digital
Media)
Row
Class of Building Permit
Documents and Drawings Required
1 (a)
Building Permit to Construct
New Buildings
Applies to:
Residential buildings
Detached Houses
Semi-detached Houses
Duplex/Triplex/Fourplex or
Townhouses with
partywalls
Documents
a. Approval documents required by an
applicable law
b. TARION 'Declaration of Applicant for
Building Permit'
c. Heat loss/heat gain/duct calculations (per
dwelling unit)
d. Energy Efficiency Design Summary Form
*
e. Residential Mechanical Ventilation
Summary
f.
Municipal water and sewage connection
permit
g. Deed of the property
Drawings
a. Site Plan
b. Municipally Approved Site Grading Plan
c. Architectural Drawings
(including block floor plans for each floor,
block roof plans and block elevations for
townhouse blocks)
d. Structural Drawings
e. Roof truss / Pre-engineered floor system
shop drawings
(including block plans for townhouse
blocks)
f.
HVAC Drawings
g. Identification of fire-break lots
h. On-site Sewage System Drawings
(including On-site Sewage System
Statement of Design)
1 (b)
Building Permit to Construct
Additions/Alterations
Accessory Buildings
Applies to:
Residential buildings as in
Row 1(a)
Documents
a. Approval documents required by an
applicable law
b. Heat loss/heat gain/duct calculations
c. Energy Efficiency Design Summary Form
*
d. Residential Mechanical Ventilation
Summary
Drawings
a. Site Plan
b. Municipally Approved Site Grading Plan
c. Architectural Drawings
d. Structural Drawings
e. HVAC Drawings
f.
On-site Sewage System Drawings
(including On-site Sewage System
Statement of Design)
Schedule B1, 2, 3. to By-law No. 2019-058 Page 2 of 3
Row
Class of Building Permit
Documents and Drawings Required
2(a)
Building Permit to Construct
New Buildings
Additions
Applies to:
All non-residential buildings
Residential buildings
Apartment Buildings
Duplex/Triplex/Fourplex or
Townhouses without
partywalls
Other residential not
identified in Row 1(a)
Mixed use buildings
Documents
a. Approval documents required by an
applicable law
b. Commitment to General Reviews by
Architects and Engineers *
c. Subsurface investigation report
d. Heat loss/heat gain/duct calculations
e. Plumbing Data Form *
f.
Energy Efficiency Design Summary Form
*
g. Construction Fire Safety Plan (mid-rise
wood building construction)
h. Municipal water and sewage connection
permit
Drawings
a. Site Plan
b. Municipally Approved Site Servicing /
Site Grading Plan
c. Architectural Drawings
d. Structural Drawings
e. HVAC Drawings
f.
Plumbing Drawings
g. Electrical Drawings
h. Fire Protection System Drawings
i.
On-site Sewage System Drawings
(including On-site Sewage System
Statement of Design)
2(b)
Building Permit to Construct
Alterations
Tenant Improvements /
Fit-up
Applies to:
All non-residential buildings
Residential buildings not
described in Row 1(a)or 1(b)
Documents
a. Approval documents required by an
applicable law
b. Commitment to General Reviews by
Architects and Engineers*
c. Heat loss/heat gain/duct calculations
d. Plumbing Data Form *
Drawings
a. Site Plan
b. Key Plan
c. Architectural Drawings
d. Structural Drawings
e. HVAC Drawings
f.
Plumbing Drawings
g. Electrical Drawings
h. Fire Protection System Drawings
i.
On-site Sewage System Drawings
(including On-site Sewage System
Statement of Design)
Schedule B1, 2, 3. to By-law No. 2019-058 Page 3 of 3
Row
Class of Building Permit
Documents and Drawings Required
3
Building Permit to Construct
Tents/Air Supported
Structures
Mechanical Only Permits
Plumbing Only Permits
Designated Structures
Farm Buildings
Green energy projects
(solar, wind, geothermal
etc.)
Other than Rows 1(a),
1(b), 2(a), 2(b) and 4
Documents
a. Approval documents required by an
applicable law
b. Documents from Rows 1(a) to 2(b) or
other documents which are applicable to
the scope of work proposed and required
by the chief building official to determine
compliance with the Building Code and
other applicable law
Drawings
a. Drawings from Rows 1(a) to 2(b) which
are applicable to the scope of work
proposed and required by the chief
building official to determine compliance
with the Building Code and other
applicable law
4
Building Permit for Change
of Use
Applies to:
All buildings
Documents
a. Approval documents required by an
applicable law
b. Commitment to General Reviews by
Architects and Engineers*
Drawings
a. Site Plan
b. Key Plan
c. Architectural Drawings
d. HVAC Drawings
5
Building Permit to Demolish
Applies to:
All buildings
Documents
a. Approval documents required by an
applicable law
b. Commitment to General Reviews by
Architects and Engineers*
c. Completed Utilities sign-off form *
Drawings
a. Site Plan
b. Demolition Plan (where required)
6
Conditional Building Permit
Applies to:
All buildings
Documents
a. Applicable Law checklist
b. Approval documents required by an
applicable law
c. Construction Schedule
d. Letter of Intent and Justification
e. Letter of Credit
f. Securities
g. Deed of the property
Notes:
1. Documents marked with an asterisk (*) are available from the Chief Building
Official.
2. The Chief Building Official may waive the requirement for any specified
documents or drawings where the scope of work, applicable law or building code
does not, in the opinion of the chief building official, necessitate its submission.
3. The Chief Building Official may require additional documents and drawings to be
produced where it is deemed necessary to ensure compliance with the Act,
applicable law, and the Building Code.
SCHEDULE "C"
FEES
1. FEES
1.1 Unless otherwise noted, all fees shall be paid in full at the time of application.
1.2 More than one fee and surcharge may apply.
2. CALCULATION OF BUILDING PERMIT FEES
2.1 Building Permit fees shall be calculated on the basis of:
2.1.1 the flat rate where indicated in Table 1 of this Schedule;
2.1.2 the product of the applicable fee multiplier and unit of measure in Table
1 of this Schedule; or
2.1.3 where no unit of measure is applicable, the rate specified in Table 1 of
this schedule, for every $1,000 of construction value.
2.2 When calculating fees based on floor areas, floor area is measured to the outer
face of exterior walls and to the centreline of party walls or demising walls,
except when calculating interior partition work. When measuring floor area for
interior partitioning, corridors, lobbies, washrooms, lounges, and other similar
facilities are to be included and classified according to the major occupancy
classification for the floor area with which they are associated. Where these
areas are constructed in a shell-only building, fees shall be calculated at the
applicable partitioned rate in Table 1.
2.3 When measuring floor area, no deductions shall be allowed for floor openings
required for such facilities as stairs, elevators, escalators, shafts and ducts.
Interconnected floor spaces and atriums above their lowest level may be
deducted from measured floor area.
2.4 For any permit application for a class of permit described under Section B of
Table 1, floor area used for the calculation of fees shall be the lesser of :
2.4.1
the area contained within a single rectangle encompassing all of the
proposed work, or
2.4.2
the actual area of the tenant space;
2.5 The occupancy classifications used in this By-law are based on the Building
Code occupancy classifications. For mixed occupancy classifications, the total
payable fee shall be calculated by applying the fee multiplier for each
"Schedule C" to By-law No. 2019-058 Page 1 of 7
occupancy prescribed in Table 1 to the floor area measured for each individual
occupancy and taking the sum of the fees calculated for each occupancy.
2.6 For building permits for change of use, the fee multiplier for the proposed
occupancy applies.
2.7 Where a change of use permit is denied, the fees paid may be credited to a
building permit which incorporates the construction required to accommodate
the change of use.
2.8 Except for temporary buildings on construction sites for office or sales
purposes, fees for temporary buildings, including tents, apply to buildings
erected for less than 30 days.
3. ADMINISTRATIVE FEES
3.1 Where administrative services are provided, the fees calculated in accordance
with Table 1 shall apply.
3.2 Where an administrative service fee is not available in Table 1, the fees
required by the Town's General Fees By-law may apply.
"Schedule C" to By-law No. 2019-058 Page 2 of 7
1
3
4
5
6
7
By-Law
Minimum
Units
Multiplier
Section A: CONSTRUCTION of new buildings, additions to existing buildings, including Mezzanines or new intermediate floors
1 Group A: Assembly
Single detached portable classroom
5.1.(1)(c )
Each
$345
2
Multiple attached portable classrooms (Port-a-pack)
Per Classroom
$400
3
All Other Assembly Occupancies
$222.00 sq. ft.
$1.20
4 Group B: Institutional
All Institutional Occupancies
$442.00 sq. ft.
$1.10
5 Group C: Residential
Single Detached. CSA. Semi or Townhouse with partywalls
$194.00 sq. ft.
$1.45
6
Duplex or Triplex or Townhouse, without partywalls
$194.00 sq. ft.
$1.75
7
Park Model Trailers (CSA Z241)
Each
$400.00
8
Hotels & Motels
$194.00 sq. ft.
$1.45
9
Multi-residential Apartment buildings
$194.00 sq. ft.
$1.45
10
Unfinished Basement
$194.00 sq. ft.
$0.30
11
Finished Basement and ICF Basements
$194.00 sq. ft.
$0.60
12
Attached or semi-detached garage or carport
$194.00 sq. ft.
$1.45
13
Detached carport or garage
$179.00 sq. ft.
$1.10
14
Accessory utility building (ie. Garden shed, Gazebo)
$179.00 sq. ft.
$1.10
15
Unenclosed deck or porch
$179.00 sq. ft.
$0.70
16
Enclosed or partially enclosed deck, porch, or Sunroom
$194.00 sq. ft.
$1.45
17 Group D: Business and Personal Services
Shell Only (including unfinished basement)
$327.00 sq. ft.
$0.85
18
Partitioned/Finished, and Mezzanine
$327.00 sq. ft.
$1.10
19
Sales Trailer (Wheels on, readily moveable)
Each
$345
20 Group E: Mercantile
Shell Only (including unfinished basement)
$327.00 sq. ft.
$0.85
21
Partitioned/Finished, and Mezzanine
$327.00 sq. ft.
$1.10
22 Group F: Industrial
Shell Only (including unfinished basement)
$327.00 sq. ft.
$0.70
23
Partitioned/Finished, and Mezzanine
$327.00 sq. ft.
$0.95
24
Gas Station/Canopy, Car Wash
$327.00 sq. ft.
$0.85
25
Parking Garage (underground, open air)
$327.00 sq. ft.
$0.95
26
Repair garage
$327.00 sq. ft.
$1.10
27
Rack Storage Systems
$327.00 sq. ft.
$0.75
Class of Building Permit, Service, Occupancy Classification and Work Description
SCHEDULE C - TABLE 1 - Calculation of Fees
2
"Schedule C" to By-law No. 2019-058 Page 3 of 7
1
3
4
5
6
7
By-Law
Minimum
Units
Multiplier
Class of Building Permit, Service, Occupancy Classification and Work Description
2
Section A: CONSTRUCTION of new buildings, additions to existing buildings, including Mezzanines or new intermediate floors
28
Farm Building
$327.00 sq. ft.
$0.40
29 Designated Structures
Communication Tower Mechanical Building or Dish Antenna >5sm
Each
$202
30
Crane Runway
Each
$350
31
Exterior Storage Tank (not regulated by TSSA)
Each
$350
32
Pedestrian Bridge appurtenant to a building
$350.00 lin. ft.
$3.00
33
Demountable Structures
$350.00 sq. ft.
$0.75
34
Retaining Wall
$179.00 lin. ft.
$5.00
35
Permanent Wall and Ground Sign > 7.5m High
Each
$250
36 All Occupancies
Fabric Covered Building or Air Supported Structure
$490.00 sq. ft.
$0.50
37
Tents - less than 30 days
Each
$228
38
Moving or Relocating Building (including new foundations)
Per Building
$695
39
Shoring
$350.00 lin. ft.
$1.10
40
Underpinning
$350.00 lin. ft.
$1.10
Section B: ALTERATION or repair to existing building and CHANGE OF USE
41
All
$441.00 sq. ft.
$0.35
42
All
$441.00 sq. ft.
$1.10
43
Accessory dwelling unit
$441.00 sq. ft.
$1.10
44
Below grade stair
Each
$300
45
All other Residential Occupancy work
$194.00 sq. ft.
$0.60
46
All
$441.00 sq. ft.
$0.40
47
All
$441.00 sq. ft.
$0.40
48
All
$441.00 sq. ft.
$0.40
49
Demising wall (to create multiple units)
Each
$350.00
50
Electromagnetic Locking Device (each)
Each
$200.00
Section C: DEMOLITION (complete or partial)
51
Single/Semi-detached/accessory
Per House
$179
52
All Buildings
Each
$350
Single, Semi or Townhouse with partywalls
Group D: Business and Personal Service
Group E: Mercantile
All Other Occupancies
Group F: Industrial
All Occupancies
Group A: Assembly
Group B: Institutional
Group C: Residential
5.1.(1)(c),
6.1.(c)
5.1.(1)(c )
"Schedule C" to By-law No. 2019-058 Page 4 of 7
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3
4
5
6
7
By-Law
Minimum
Units
Multiplier
Class of Building Permit, Service, Occupancy Classification and Work Description
2
Section D: MECHANICAL and FIRE PROTECTION WORK
53
HVAC - New, Alterations, Extensions <=500 sq.ft. Building Area
5.1.(1)(c )
Flat
$160
54
HVAC - New, Alterations, Extensions >500 sq.ft. Building Area
Flat
$320
55
HVAC - New, Alterations, Extensions <= 2500 sq.ft. Building Area
Flat
$500
56
HVAC - New, Alterations, Extensions >2500 sq.ft. Building Area
Flat
$800
57
Commercial Exhaust Hoods and Suppression Systems
Flat
$310
58
Fire Alarm System
Flat
$310
59
Replacement Annunciator/Control Panel only
Flat
$310
60
Sprinkler System
Flat
$310
61
In-rack sprinkler system
Flat
$310
62
Standpipe system
Per Riser
$310
63
Emergency power
Flat
$600
64
Emergency lighting (per storey)
Per Storey
$150
65
Solid Fuel Burning Applicane or Chimney
Flat, each
$175
Section E: PLUMBING
66
Service Connection (per lot)
Flat
$250
67
Plumbing Works (Fixtures, appliances, drains) for New Dwelling
Per Dwelling
$450
68
Repairs to Plumbing Works in Existing Dwellings
$105.00 Per fixture
$22.50
69
Fixture, appliance, floor drain, backflow preventer, roof hopper
Each
$22.50
70
Water, service, and Inside and outside drains - New Building
Lin. Ft.
$1.50
71
Water, service, and inside and outside drains - Repair:
72
100mm (4") or less
Flat
$50
73
150mm (6")
Flat
$75
74
200mm (8")
Flat
$100
75
250mm (10")
Flat
$125
76
300mm (12") or greater
Flat
$150
77
Conversion from septic system to sewer
Each
$250
78
Manhole, catch basin, or area drain
Each
$42
79
Minimum Building Permit Fee for Plumbing Works Only
$105.00
All Other Occupancies
All Other Occupancies
All Occupancies
Single, Semi or Townhouse with partywalls
Single, Semi or Townhouse with partywalls
5.1.(1)(c )
5.1.(1)(c )
"Schedule C" to By-law No. 2019-058 Page 5 of 7
1
3
4
5
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By-Law
Minimum
Units
Multiplier
Class of Building Permit, Service, Occupancy Classification and Work Description
2
Section F: ON-SITE SEWAGE SYSTEMS (Proposed separately or in conjunction with other construction)
80
New System, Building <= 2,000 sq.ft.
Each
$950
81
Surcharge on New System, Building > 2,000 sq.ft.
sq.ft.
$0.65
82
Alterations to Leaching Bed only
Each
$600
83
Alteration to Septic Tank or Minor Repair to Part of a System
Each
$400
84
Review of Clearances Only
Each
$200
Section G: GREEN ENERGY SYSTEMS (Proposed as stand alone work)
85
Solar domestic hot water systems (serving individual dwellings)
Flat
$350
86
Solar hot water systems (serving all other buildings)
Flat
$500
87
Solar photovoltaic systems (serving individual dwellings)
Each array
$350
88
Solar photovoltaic systems (serving all other buildings)
Each array
$500
89
Geothermal Systems
Each
$500
90
Wind Turbine >3kW, <=10kW
Each
$350
91
Wind Turbine >10kW
Each
$1,850
Section H: MISCALLENEOUS AND OTHER SERVICES
92
Covenants Agreement (Limiting Distance)
2.4
Flat, each
$3,000.00
93
Reactivation of a building permit application
5.6.(1)
Each
$75.00
94
Occupancy Permit (other than residential with partywalls)
7.1.(c)
Per Application
$200.00
95
Revision to a buiding permit
8.1.(1)(d )
$100.00 10% of building permit fee
96
Transfer of a building permit
8.2.(1)(h)
Each
$230.00
97
Work without a gross floor area or not identified above
11.1.(2)
Per $1,000 CV
$19.00
98
Peer Review
11.1.(3),
12.1(6)
Consultant Fee + $600 Admin
99
Supplementary (re)submissions during a permit application
11.1.(4)
$100.00 Per hour
$185.00
100
Conditional building permit (Securities may also be required)
11.1.(5)
Each
$3,000.00
101
Surcharge for constructing without a permit (based on fees above)
11.1.(7)
Each
100%
102
Reinspection due to defective work
11.1.(9)
Each
$50.00
103
Non-working hours inspeciton
11.1.(10)
Per hour
$185.00
104
Six-month building permit extension
11.1.(11)
Each
$75.00
105
Alternative solution review fee
12.1.(2)(f )
Each
$500 + $185/hr
5.1.(1)(c )
5.1.(1)(c )
"Schedule C" to By-law No. 2019-058 Page 6 of 7
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3
4
5
6
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By-Law
Minimum
Units
Multiplier
Class of Building Permit, Service, Occupancy Classification and Work Description
2
Section H: MISCALLENEOUS AND OTHER SERVICES
106
Certified model (Single Detached Residential only)
$194.00 sq. ft.
$0.50
107
Model home
Each
$500.00
108
Preliminary zoning compliance review letter
Each
$50.00
109
Sewage system compliance letter
Each
$50.00
110
Lawyer compliance letter (Building, Plumbing, Zoning, Sewage)
Each
$150.00
111
Sewage system maintenance inspection program - inspection
12.2.(2)
Each
$600.00
112
Sewage system maintenance inspection program - administration
12.2.(2)
Each
$150.00
113
Special Investigation Fee - Residential (maximum $5,000)
12.3.(1)(d)
Per hr/person
$185.00
114
- Non-Residential (maximum $12,000 12.3.(1)(d)
Per hr/person
$185.00
Section I: ADMINISTRATIVE
115
Statistics Canada Monthly Report
Each
$20.00
116
Copies of surveys (up to 11"x17" in size)
Each
$50.00
117
Copies of surveys (greater than 11"x17" in size)
Each
$75.00
118
Copies of sewage system plan
Each
$50.00
119
Agency approval letter (Liquor License, Daycare, Lodging)
Each
$110.00
120
Fees for registering and de-registering orders on title
Each
$110.00
"Schedule C" to By-law No. 2019-058 Page 7 of 7
"Appendix D" to Building By-law 2019-058
Page 1 of 3
Sewage System Maintenance Inspection
APPENDIX D - SEWAGE SYSTEM MAINTENANCE INSPECTION
1.
Introduction
The Building Code Act, 1992 (BCA) and the Ontario Building Code, Ontario Regulation
332/12 regulate the design, construction and renovation of treatment systems which are
located wholly on the property which they serve (i.e. "on-site") and have a design
sewage capacity of 10,000 litres/day or less. Such systems typically provide treatment
for smaller buildings such as houses, cottages, and small businesses.
The Building Code, O. Reg. 332/12, as amended, establishes and governs mandatory
on-site sewage system maintenance inspection programs, to be administered in certain
areas by local enforcement bodies having jurisdiction. The Building Code also governs
discretionary on-site sewage system maintenance inspection programs established by
local enforcement bodies.
2.1
Mandatory Inspections
The OBC prescribes that all sewage systems that are located wholly or partly within 100
metres of each of the following features be inspected for compliance with the
requirements of Section 1.10 of Division C and Section 8.9. of Division B of the Building
Code:
a.
Lake Simcoe shoreline;
b.
any river or stream in the Lake Simcoe watershed that continually flows in an
average year;
c.
any lake or pond in the Lake Simcoe watershed that is connected on the
surface to a river or stream described in (a) and (b);
d.
any other lake or pond in the Lake Simcoe watershed that has a surface area
greater than 8 hectares; and
e. proximity to Vulnerable Areas within Source Protection Area.
The Source Water Protection Plan of the South Georgian Bay Lake Simcoe Protection
Region (SWPP) came in to effect on July 1, 2015. The Building Code prescribes that all
septic systems wholly or partly located within a vulnerable area in a source protection
area are required to be regularly inspected for compliance with the requirements of
Division B, Section 8.9. of the OBC.
All residential properties having a Vulnerability Score of 10, as determined by the SWPP
are considered to be within the vulnerable area. Non-residential properties, with specific
contaminants having a Vulnerability score of 8 to 10, as determined by the SWPP are
considered to be within the vulnerable area.
"Appendix D" to Building By-law 2019-058
Page 2 of 3
Sewage System Maintenance Inspection
2.2
Discretionary Inspections
The Building Code allows for properties located outside of the Mandatory Inspection area
to be subject to a Sewage System Maintenance Inspection Program.
3.
Authority for Inspections
Sewage system maintenance inspections are generally intended to determine whether
a sewage system is in substantial compliance with the operation and maintenance
requirements outlined in Division B, Section 8.9. of the Building Code.
All septic systems located in areas subject to the Sewage System Maintenance
Inspection Program as described in Section 1.10 of Division C of the Building Code
shall be inspected every five years from the date of construction or from the date of the
most recent maintenance inspection.
All septic system inspections shall be completed by inspectors with a BCIN in good
standing, having qualifications for On-Site Sewage Systems, and shall submit a
Certificate to the attention of the Chief Building Official. The Certificate shall be in a form
prescribed by the Ministry of Municipal Affairs. The owner may retain their own qualified
inspectors to complete the Certificate.
4. Fees
A Sewage System Maintenance Inspection Program fee for affected properties shall be
assessed as per Schedule "C" of the Building By-law. The fee is to be added to the tax
roll during the year in which the property is to be inspected.
If the owner does not retain a qualified inspector, the Corporation may conduct an
inspection, and in addition to the Sewage System Maintenance Inspection Program
administration fee, a surcharge shall apply, calculated in accordance with Schedule "C"
of the Building By-Law. The surcharge is to be added to the tax roll during the year in
which the property is to be inspected.
5. Notification
The Corporation will provide an initial notification to all the property owners deemed to
be part of the Sewage System Maintenance Inspection Program and every 4.5 years
thereafter. Other properties may be added to the Sewage System Maintenance
Inspection Program over time.
"Appendix D" to Building By-law 2019-058
Page 3 of 3
Sewage System Maintenance Inspection
6. Enforcement
If the Building Code or the Act is contravened or signs of possible future problems are
detected, the inspector will follow-up on those matters with the owner.
If an inspector finds that an on-site sewage system is malfunctioning or failing or has
malfunctioned or failed, the Inspector will assess the severity of the matter. The
inspector may require additional inspections, investigations, tests, reports or other
services at the owner's cost to determine the condition of an on-site sewage system.
The inspector may issue an Order in accordance with the Act and the Building Code to
notify the owner of the problem and provide direction to the owner to correct the
deficiency. Where an on-site sewage system is beyond repair, a new system may need
to be constructed.
Non-functioning sewage systems may cause bacterial contamination of our local water
supply, which in turn may lead to illness, or in rare cases, even death. A building may
be considered to be an Unsafe Building, as defined in Sentence 15.9(3) of the Act, if a
sewage system is not maintained or operated in accordance with the Act, and the Chief
Building Official may prohibit occupancy.