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THE CORPORATION OF THE TOWN OF ERIN
By-Law#23-44
Being a By-law to Provide for the Administration and Enforcement of
the Building Gode Act, 1992, S.O.1992 c.23 within the Town of Erin
Whereas, Subsection 7(1) of the Building Code Act, 1992, S.O.1992 c.23, as amended
(the "Act") authorizes Council to pass certain By-Laws respecting Building, Demolition
and Change of Use Permits and lnspections;
And Whereas, Subsection 3(2) of the Act requires Council to appoint a Chief Building
Official and lnspectors for the enforcement of the Act;
And Whereas, SubsectionT.l(1) of the Act requires Council to establish and enforce a
Code of Conduct for the Chief Building Official and Inspectors;
And Whereas, Subsection 8(3.1) of the Act provides that Council may delegate to the
Chief Building Official the power to enter into agreements described in clause 8(3Xc) of
the Act (conditional Permits) and may impose conditions or restrictions with respect to
the delegation;
And Whereas, Subsection 35(1) of the Act provides that the Act and Building Code
supersede all municipal By-Laws respecting the construction or demolition of buildings;
Now Therefore, the Council of the Gorporation of the Town of Erin hereby enacts
as follows:
1.1
SHORT TITLE
This By-Law may be cited as the "Building By-Law"
DEFINITIONS
ln this By-Law;
"Act" means the Building Code Act, 1992, S.O. 1992, c.23, as amended;
"Applicable Law" - means Applicable Law as defined in the Building Code;
"Applicant"- means the Owner of a property or building who applies for a Permit,
or any person authorized by the Owner to apply for a Permit on the Owner's behalf,
as defined in Division C, Article 1.3.1.2. of the Building Code;
"Architect"- means an Architect as defined in Division A, Article 1.4.1.2. of the
Building Code;
"As Constructed Plans" - means As Constructed Plans as defined in Division A,
Article 1.4.1.2. of the Building Code.
"Buitding" - means a Building as defined in Subsection 1(1) of the Act;
" Building Code" - means the regulations made under Subsection 34(1 ) of the Act;
"Ghange of Use" - means a Change of Use as referenced in Subsection 10(1) of
the Act;
"Ghief Building Official" - means the Chief Building Official, or their designate,
appointed by a By-Law of the Town for the purpose of enforcing the Act;
"Gode of Gonduct" - shall have the same meaning ascribed thereto in Section 7.1
1
2.
of the Act;
"Gonstruct" - means Construct as defined in Subsection 1(1) of the Act and
Construction shall have the same meaning;
"Corporation"- means the Corporation of the Town of Erin;
"Council" - means the Council of The Corporation of the Town of Erin;
"Demolish" - means Demolish as defined in Subsection 1(1) of the Act and
Demolition shall have the same meaning;
"Designated Structure" - means structures designated for the purposes of clause
(d) of the definition of Building in Subsection 1(1) of the Act;
"Farm Building" - means a Farm Building as defined in Division A, Article 1.4.1.2
of the Building Code;
"lnspector" - means an Inspector appointed by a By-Law of the Town for the
purpose of enforcing the Act;
'nOwner" - means an Owner as referenced in Division C, Sentence 1.3.1.2.(3) of
the Building Code;
'nPermit" - means written permission from the Chief Building Official to perform
work regulated by this By-Law and the Act, or to change the use of a Building, or
a part of it, as regulated by the Act;
"Plumbing" - means Plumbing as defined in Subsection 1(1) of the Act;
"Professional Engineer" - means a Professional Engineer as defined in Division
A, Article 1.4.1.2. of the Building Code;
"Sewage System" - means a Sewage System as defined in Division A, Article
1.4.1.2. of the Building Code; and
"Town"- means The Corporation of the Town of Erin
Any word or term not defined in this By-Law, which is defined in the Act or the
Building Code, shall have the meaning ascribed to it in the Act or the Building
Code.
Any word or term not defined in this By-Law, the Act, or the Building Code, shall
have the meaning commonly assigned to it in the context in which it is used.
3.
CLASSES OF PERMITS
The classes of permits with respect to Construction, Demolition, Change of Use
and Occupancy of a building, or part of it, include the following:
3.1 Buildinq Permit
This Permit is required under Subsection 8(1) of the Act and may include
plumbing, heating, ventilation and air conditioning systems, farm buildings
and designated structures as set out in Div. A, Sentence 1.3.1.1.(1) of the
Building Code.
3.2 Demolition Permit
This Permit is required under Subsection 8(1) of the Act.
3.3 Conditional Permit
This Permit may be issued in the discretion of the Chief Building Official in
accordance with Subsection 8(3) of the Act to authorize any stage of
Construction, even though all the requirements under Subsection 8(2) of
the Act have not been met.
3.4 Chanse of Use Permit
This Permit is required under Subsection 10(1) of the Act when a change
in use of a Building, or part of it, will result in an increase in hazard as
determined under the Building Code even though no Construction is
proposed.
3.5 Occupancv Permit
This Permit is required under Division C, Subsection 1.3.3. of the Building
Code where all or part of a Building will be occupied.
4.
ADMINISTRATIVE PROCEDURES RELATED TO PERMITS
4.1 Notice of Chanse
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 provided by the Applicant in writing
to the Chief Building Official together with the details of such change. The
change shall not be made without written authorization by the Chief
Building Official as required under Subsection 8(12) of the Act.
4.2 Transfer of Permit Applications and Permits
Where the ownership of land changes after a Permit application has been
submitted and fees paid or where a Permit has been issued, the Applicant
for the Permit or the person to whom the Permit was issued, may submit a
request to the Chief Building Official requesting a transfer of Permit
application and fees or the Permit as identified in Subsection 7(1)(h) of the
Act by submitting the following information:
a) the name and address of the person to whom the Permit
application and fees or the Permit are to be transferred.
b) the name and address of any contractors that have changed from
those listed on the Permit application or the Permit;
c) the name and address of Architect(s) and Professional Engineer(s)
responsible for the design and field review of the Construction that
have changed from those listed on the Permit application or the
Permit; and,
d) name and address of the person who paid the Permit fees.
4.3 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.
REQUIREMENTS FOR APPLICATIONS
5.1 Buildi
Demolition Conditional and Cha
of Use Permits
Where an application is made for a Building or Demolition Permit under
Subsection 8 (1) of the Act, a Conditional Permit under Subsection 8(3) of
the Act, or a Change of Use Permit under Subsection 10(1) of the Act, the
application shall comply with Division C, Sentence 1.3.1.3.(5) of the
5
Building Code and be complete with documents and other information as
required in this By-Law.
5.2 Prescribinq Forms
The forms required for an application for a Permit, unless othenruise
specified by the Chief Building Official, shall be those forms as set out in
Schedule "A" of this By-Law.
5.3 Plans and Specifications
Sufficient information shall be submitted with each application for Permit to
enable the Chief Building Official to determine whether the proposed
construction, demolition or change of use will conform to the Act, the
Building Code, and any other Applicable Law. Each application shall,
unless otherwise specified by the Chief Building Official, be accompanied
by two complete sets of working drawings and information as set out in
Schedule "A" of this By-Law.
5.4 Alternative Solutions
Where a person proposed the use of an Alternative Solution as defined
in Division A, Article 1.4.1.2. of the Building Code, the proposal shall:
a) lnclude all documentation requirements as set out in Division C,
Subsection 2.1.1. of the Building Code, and
b) Be submitted on the application form as set out in Schedule "A" of
this By-Law.
5.5 lnactive Permit Applications
Where an application for Permit remains inactive for six (6) months
after it is submitted, the application may be deemed by the Chief
Building Official to have been abandoned and notice thereof shall be
given to the Applicant. Once an application is deemed to be
abandoned, it may be cancelled, and a new application will be
required for the proposed work.
6.
PAYMENT OF FEES
6.1
The fees shall be as set out in the Towns Building Permit Fee By-Law as
amended from time to time.
6.2
The amount of fees are due and payable at the time of Application
Submission.
6.3
An administration fee, where the Occupancy of a Building, or part of it,
has occurred without an occupancy Permit being issued as required by
Division C, Articles 1.3.3.1, 1.3.3.4, 1.3.3.5. of the Building Code, shall
be 20% of the original building permit fee and not less than the minimum
permit fee amount as set out the in the Towns Fees and Charges By-
Law, as amended from time to time, and are due and payable upon
issuance of the occupancy Permit.
6.4
An administration fee, where any person has commenced Construction
or Demolition, or has caused the Change of Use of a Building prior to
receiving a Permit, shall be charged double the permit fee as set out in
the Towns Building Permit Fee By-Law as amended from time to time,
and is due and payable prior to the issuance of the Permit.
6.5 An administration fee for the repeal of an Order either registered or not
registered on the title of a property, shall be charged 50% of the building
permit fee unless an administration fee has been already applied under
6.4 or 6.5 of this by-law.
6.6
Each building permit application for construction of a single dwelling
residential unit, unless set out in the provisions of a subdivision,
condominium and/or site plan control agreement, at the discretion of the
Chief Building Official, is required to be accompanied by a site works and
grading deposit.
Upon completion of all building construction and site works, the applicant
is required to submit a Final Grading Certificate, as found in Schedule
"A", Forms, for review and approval by the Town. An Ontario Land
Surveyor or Professional Engineer on behalf of the applicant will be
required to certify that the final grading of the lot and the related building
construction are in conformity with the survey approved by the Town.
This certification is to be carried out after the property has been graded
and seeded or sodded, which is to occur within 12 months after the date
of a positive inspection prior to occupancy is completed by the Town's
Building Department.
Upon receipt and approval of a positive Final Grading Certificate and
once the building permit file has been closed by the Town's Building
Department, the applicant may apply for return of securities by
submitting a completed Request for Site Works and Grading Refund as
found in Schedule "A".
6.7
The Chief Building Official shall determine fees not described or included
in the Towns Building Permit Fee By-Law, as amended from time to
time.
7.
REFUNDS
7.1
ln the case of withdrawal of an application or the abandonment of all or a
portion of the work or the non-commencement of any project, the Chief
Building Official shall determine the amount of paid permit fees that may
be refunded to the applicant, if any, as follows:
a) 70% refund if administrative functions only have been performed
b) 50% refund if any zoning and plans examination functions have
commenced.
7.2 Application for refund must be made in writing by the Applicant within 6
months of the date of permit application to be eligible for a refund of any
permit fee.
7.3
No permit fee refund shall be made where the calculated permit refund
or the remaining surrendered fee is less than the minimum fee set out in
the Towns Building Permit Fee By-Law
7.4
Fees for Conditional Permits and Alternative Solutions are non-
refundable
8.
AS CONSTRUCTED PLANS
The Chief Building Official may require that As Constructed Plans of a building
be filed with the Chief Building Official on completion of Construction under
such conditions as may be prescribed in the Building Code.
9.
NOTICE REQUIREMENTS FOR INSPECTIONS
The applicant or an authorized agent shall notify the Chief Building Official of
the prescribed notices under Division C, Article 1.3.5.1. and additional notices
under Division C 1.3.5.2 (1) (bXc i) (c iii) (h) and (j) of the Building Code, at least
two business day prior to each stage of Construction.
10. FENCES
10.1 All construction and demolition site fencing shall adhere to the requirements
pertaining to Public Way Protection as set out in the Occupational Health &
Safety Act.
10.2 Where in the opinion of the Chief Building Official a construction or
demolition site presents a particular hazard to the public the Chief Building
Official may require the erection of fencing around the site. The fencing shall
be erected as per the requirements of 10.1 and the National Building Code
of Canada, as amended:
NBCC 8.2.1.3. Fencing, Boarding or Banicades
1) When a construction or demolition activity may constitute a hazard to the
public and is located 2 m or more from a public way, a strongly constructed
fence, boarding or barricade not less than 1.8 m high shall be erected
between the site and the public way or open srdes of a construction site.
2) Barricades shallhave a reasonably smooth sufface facing the public way
and shall be without openings, except those required for access.
3) Access openings through barricades shall be equipped with gates that
shallbe kept closed and locked when the site is unattended, and maintained
in place until completion of the construction or demolition activity.
11. CODE OF CONDUCT
The Code of Conduct for the Chief Building Official and lnspectors, as required
under Subsection 7.1(1) of the Act, is set out in Schedule "B" of this By-Law.
12. SEVERABILITY
Where a court of competent jurisdiction declares any section or part of a section
of this By-Law to be invalid, or to be of no force and effect, it is the intention of
Council in enacting this By-Law that the remainder of this By-Law shall continue
in force and be applied and enforced in accordance with its terms to the fullest
extent possible according to law.
13. ENFORCEMENT AND PENALTIES
13.1 Any person who contravenes any provision of this By-Law is guilty of an
offence and, upon conviction, is liable to the provisions and penalties
prescribed in the Act.
13.2
ln addition to any penalties imposed through prosecution of an offence
pursuant to this By-Law, The Corporation of the Town of Erin is entitled
to use all legal means at its disposal to collect the fees applicable
pursuant to this By-Law. AII collection methods lavrrfully applicable may
be relied upon, including placement of unpaid fees on the tax collector's
roll for the property in question.
14. REPEAL CLAUSE
By-Law #99-18 and all its amending By-Laws and By-Law #19-34 are hereby
repealed and replaced by this By-Law as of the date of its passage by
Council.
15. DATE BY.LAW IN FORCE
This By-law shall come into force and take effect upon the final passage
thereof.
Passed in open Gouncil on November 9, 2023.
Mayor, Michael Dehn
Glerk, Lisa Campion
1
Schedule "A"
By-Law Number 2344
REQUIRED INFORMATION FOR PERMIT APPLICATIONS
The following are lists of plans, working drawings, information and forms that may be
required to accompany applications for Permits according to the scope of work.
Additional information may be required at the discretion of the Chief Building Official.
PLANS AND WORKING DRAWINGS
a) Site Plans
b) Roof Truss Layout Plans and Truss Components
c) Sections and Details
d) Building Elevations
e) Structural Drawings
f) Mechanical Drawings
g) Building Code Matrix
h) Alternative Solution
i) Floor Plans
j) Roof Plan
l) Architectural Drawings
m) Electrical Drawings
n) Fire System Drawings
o) Travel Distance and Exit capacity drawings
1.2 Each application for permit shall, unless othenruise specified by the Chief
Building Official, be accompanied by a completed set of the plans,
specifications and other documents in electronic .pdf file format.
1.3 lf applicable, drawings must be sealed by an Architect and/or Professional
Engineer and/or stamped by a qualified/registered designer.
1.4 All drawings shall be fully dimensioned, noting all sizes and types of
construction materials to be used and their respective locations, all
finishes to allwalls, ceilings and floors and all existing and proposed fire
separations. Alterations, renovations, and add itions m ust d ifferentiate
between the existing building and new construction being proposed. Site
plans must include a north arrow, lot lines and existing easements.
2. INFORMATION
2.1
2.2
2.3
Spatial separation calcu lations
Fire protection reports
Building Code related reports
3.
FORMS
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
Application for a Permit to Construct or Demolish
Application for an Alternative Solution
Commitment to General Reviews by Architects and Engineers
Energy Efficiency Forms (s), i.e. (SB-10 and SB-12)
Mechanical Ventilation Summary Form
MDS I & ll information form
Demolition Checklist
Final Grading Certificate
Request for Site Works and Grading Refund
Schedule "B"
By-Law Number 23-44
CODE OF CONDUCT FOR CHIEF BUILDING OFFICIAL AND INSPECTORS
1.
PURPOSE
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
Promote the safety of buildings with reference to public health, fire
protection, structu ral sufficiency, conservation a nd envi ron mental
integrity and barrier free accessibility.
Apply the Building Code Act and the Building Code impartially, without
the influence and in accordance with all applicable legislation.
Act within the area of qualification obtained under the Building Code
Act.
Perform duties with due diligence, honesty, and integrity.
Extend courtesy to everyone and adhere to the Town's Vision
Statement on Access, Equity and Diversity.
Keep abreast of current building practices through continuous
education.
Comply with the Town of Erin conflict of interest policy.
Manage confidential and sensitive information according to the Town's
guidelines and relevant legislation.
2.
GUIDELINES FOR THE CODE OF CONDUCT
Promote the safety of buildings with reference to public health, fire protection,
structural sufficiency, conservation and environmental integrity, and barrier free
accessibility.
The Ontario Building Code states
"The Code is essentially a set of minimum provisions respecting the safety of buildings with
reference to public health, fire protection, structural sufficiency, conseruation and environmental
integrity, and barrier free accessibility. It's the primary purpose is the promotion of public safety
through the application of appropriate uniform building standards."
2.1
The CBO and the lnspectors are expected to
2.1.1 Act in the public interest with respect to health and safety issues
in relation to building; and
2.1.2 Take all reasonable precautions to ensure the safety of the
public, Town staff and themselves.
2.1.3 Apply the Building Code Act and Building Code impartially,
without influence and in accordance with all applicable
legislation.
2.2
The CBO and the lnspectors are expected to perform duties
2.3
The CBO and the lnspectors are expected to:
2.3.1 Act within the area of qualification obtained under the Building
Code Act;
2.3.2 Seek assistance when required;
2.3.3 Participate in training as required by the Occupational Health and
Safety Acf, the Building Code Act and other legislation; and
2.3.4 Perform duties with due diligence, honesty, and integrity.
2.4 The CBO and lnspectors are expected to
2.4.1
ln the manner that maintains and promotes public safety at all
times.
With integrity, objectivity and impartiality;
Without any influence from anyone;
ln a fair and consistent manner;
Efficiently and in a timely manner; and
Act within the area of qualification obtained under lhe Building
Code Act.
Conduct themselves with the highest degree of ethical behaviour
and integrity;
Ensuie public confidence and trust are maintained at all times;
Protect and promote the best interest of the Town;
Ensure the protection and appropriate use of the Town's
resources and assets;
Perform duties without misleading the public; and
Extend courtesy to everyone and adhere to the Town's Vision
Statement on Access, Equity and Diversity.
Obtain qualifications as required to be appointed and remain to
be appointed under the Building Code Act;
Maintain qualifications as requirements evolve and/or change;
Keep current on construction practices and standards through
continuous education and training;
Be mentors to each other at all times; and
Comply with the Towns conflict of lnterest policy.
2.2.1
2.2.2
2.2.3
2.2.4
2.2.5
2.2.6
2.4.2
2.4,3
2.4.4
2.4.5
2.4.6
2.5.1
2.5.2
2.5.3
2.5.4
2.5.5
2.6.1
2.6.2
2.6.3
2.6.4
2.6.5
2.5
The CBO and lnspectors are expected to
2.5.6
Be ambassadors and reflect a professional image at all times;
Treat the public and each other with respect at all times;
Be reasonable and fair in their expectations of each other;
Resolve conflict in a professional manner;
Be courteous and considerate to all through language and
actions;
Recognize the dignity of all people by equitable treatment of
communities and employees; and
Keep up to date on current building practices through continuous
education.
2.5.7
2.6
The CBO and lnspectors are expected to
2.7 The CBO and the lnspectors are expected to:
3
2.7.1 Maintain confidentiality regarding city business;
2.7.2 Disclose information in compliance with the Municipal Freedom
of lnformation and Protection of Privacy Acf "MFIPPA"; and
2.7.3 Ensure that no information collected, produced or obtained in the
course of duties, whether reports, memos
verbal/written/electronic communication is disclosed without
proper approval.
GUIDELINES FOR HANDLING ALLEGATIONS OF BREACHES OF THE
CODE OF CONDUGT
3.1 The Building Code Acf prescribes that the conduct of the CBO and the
lnspectors will be measured against the Code. Contravention of the Code
is a serious matter to the Building Services Department and the public and
will be treated as such.
3.2 Lodsinq a Complaint
A complaint must be in writing and must be signed by the person making
the complaint. The complaint may be a letter or an e-mail.
3.3 Withdrawal of Complaint
A Complainant may withdraw their compliant at any time; although the
Town may continue to investigate the complaint if deemed appropriate to
do so.
3.4 Confidentiality
The entire investigation process will be handled in as confidential a
manner as possible by all parties involved. All records are subject to the
provisions of the Municipal Freedom of lnformation and Protection of
Privacy Acf ("MFlPPA") and may be subject to disclosure under MFIPPA
or by a court of law.
3.5 The CBO, in consultation with the Directors, will review any allegations of
breaches of the Code made against an lnspector. The CBO shall direct an
investigation, if justified and where appropriate, and recommend
disciplinary action against the inspector who fails to comply with the Code.
3.6 Where the allegations are against the CBO, the Town's senior
management will evaluate and investigate the allegations, where
necessary, and make recommendations to Councilfor appropriate action
4.
DISCIPLINARY AGTION
4.1 Disciplinary action arising from violations of the Code is the responsibility
of the Town of Erin and the CBO and will be based on the severity and
frequency of the violation in accordance with employment laws, standards
and relevant collective agreements.
5.
PUBLIC NOTICE FOR THE CODE OF CONDUCT
5.1 The Building Code Acf states that the code must be brought to the
attention of the public.
5.2 The Building Services Department will advertise the Code on an ongoing
basis via the Town's website.
5.3 Post in a conspicuous location at the Building Services Customer Service
counter.