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THE CORPORATION OF THE TOWNSHIP OF ESSA
BY-LAW NUMBER 2021 - 44
A By-Law respecting Construction, Demolition, Private
Sewage Disposal Systems, Change of Use, Inspections
and related matters, as authorized by Section 7 of the
Building Code Act, 1992, S.O. 1992, c.23; and to repeal
By-Law 2010-53.
WHEREAS Section 7 of the Building Code Act, 1992, s.o.1992, c.23, empowers
Council to pass by-laws respecting construction, demolition, private sewage disposal
systems, change of use and inspections.
NOW THEREFORE the Council of the Corporation of the Township of Essa
enacts as follows:
1.
DEFINITIONS
1.1
Terms not defined in this By-Law shall have the meaning ascribed to them
in the Act or the Building Code.
1.2
In this By-law words and phrases listed below have the following meaning:
1.2.1 Act means the Building Code Act, 1992, S.O. 1992, c.23 including
it amendments.
1.2.2 Applicant means the owner of a building or property who applies
for a permit or any person authorized to apply for a permit on the
owner's behalf, or any person or corporation empowered by statute
to cause the construction or demolition of a building or buildings
and anyone acting under the authority of such person or
corporation.
1.2.3 Applicable Law means any general or special Act, and all
regulations and by-laws enacted under them that prohibit the
proposed use of the building unless the Act, regulation or by-law is
complied with.
1.2.4 Architect means a holder of a licence, certificate of practice, or a
temporary licence under the Architect Act as defined in the Building
Code.
1.2.5 As Constructed Drawings means constructed plans as defined in
the Building Code.
1.2.6 Building means a building as defined in section 1 (1) of the Act.
1.2.7 Building Code means the regulation made under Section 34 of the
Act.
1.2.8 Building Permit means permission or authorization given, in
writing, to perform work related to, and/or occupy, and/or use of
buildings regulated by this By-Law and the Act including farm
buildings.
1.2.9 Chief Building Official means the Chief Building Official appointed
by the by-law by Council for the purposes of enforcement of the
Act, the Building Code, and this By-Law.
1.2 .10 Complete Application means an application that meets the
requirements for applications set out in the Building Code.
1.2.11 Construct means construction as defined in subsection 1 (1) of the
Act.
1.2. 12 Demolish means construction as defined in subsection 1 ( 1) of the
Act.
1.2.13 Farm Building means a building as defined in the Building Code.
1.2. 14 Inspector means an Inspector appointed under Section 3 of the
Act.
1.2.15 Mobile Home means a transportable single family dwelling unit
designed and built to be transported on its own chassis or frame. It
may contain parts that can be folded, collapsed, or telescoped when
being towed and expanded later to provide additional floor space. It
can also be two or more separately towable components that are
joined on the chosen site. A mobile home is designed for long term,
year round occupancy. It has facilities for cooking, eating, living,
sleeping and sanitation. A mobile home shall not include a travel
trailer, tent trailer or trailer otherwise designed.
1.2.16 Owner means, in respect of the property on which the construction
is to take place, the registered owner of the land and, may include
lessee, mortgagee in possession and the person acting as the
owner's authorized agent.
1.2.17 Permit means written permission or written authorization 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 part of a building or
parts thereof as regulated by the Act.
1.2.18 Person(s) means any human being, association, firm, partnership,
private club, incorporated company, corporation, agent or trustee
and their heirs, executors or other legal representatives of a person
to whom the context can apply according to law.
1.2.19 Permit holder means the owner to whom the permit has been
issued.
1.2.20 Plumbing means plumbing as defined in Section 1 (1) of the Act.
1.2.21 Private Sewage Disposal System means a sewage system as
defined in Subsection 1.4.1.2 of Division A Part 1 of the Building
Code.
1.2.22 Professional Engineer means a person who holds a licence or
temporary licence under the Professional Engineer's Act, as defined
in the Building Code.
1.2.23 Regulations mean regulations made under the Act.
1.2.24 Reinspection means any inspection of a construction stage carried
out pursuant to a previous inspection of the same stage and was
required because at the time of the previous inspection, the
construction stage was incomplete or otherwise did not comply with
the requirements of this By-Law. A reinspection is carried out
subsequent to notification of readiness by the owner or their agent
in accordance with the Ontario Building Code.
1.2.25 Renovation means the repair, replacement, installation or
application of roofing materials, exterior wall cladding, storm
windows, storm doors, eaves trough, exterior porch and stair
railings, guards, masonry repair, caulking, insulation and heating
systems. All renovation work is carried out in or on a previously
existing building and does not include the structural changes or
affect the life safety systems of the building.
1.2.26 Revised Submission means addition information filed with the
Chief Building Official which depicts one or more changes to the
proposed or as-constructed design of a building or part of a building
for which a permit has already been issued and for which approval
by the Chief Building Official is required.
1.2.27 Township means the Corporation of the Township of Essa.
2.
SHORT TITLE
2.1
This By-law may be cited as the Building By-Law.
3.
ADMINISTRATIONS
3.1
Building Permit Required
3.1.1 No person shall construct, alter renovate, demolish, remove, or
relocate or cause to be constructed, altered, renovated,
demolished, removed, relocated a building, construct, repair, renew
or alter plumbing, or septic systems or occupy or use a building
regulated by this By-law within the territorial limits of the Township
of Essa unless a permit has been issue by the Chief Building
Official.
3.1.2 No person shall make a material change, or cause change to be
made to a plan, specification, document or other information on the
basis of which a permit was issued, without notifying the Chief
Building Official and filing details of such changes with him/her for
the purpose of obtaining authorization.
3.1.3 Applications may be made for revision to a building permit after
issuance and such application shall be made in the same manner
as the original permit.
3.1.4 Where property changes ownership for which a permit has been
issued, the new registered owner shall assume full responsibility for
the building permit.
3.1.5 Every building permit holder shall post in a conspicuous location on
the work site, the building permit placard that is issued with the
building permit and shall be responsible for maintaining the placard
in a legible condition until the work allowed by the permit is
complete.
3.1.6 In accordance with the provisions of Section 8, Subsection 10, and
Section 25 of the Act, the Chief Building Official may revoke a
building permit.
4.
PERMITS NOT ASSIGNABLE
4. 1
Building permits are not assignable. In the event that property changes
ownership when work allowed by a building permit is not completed, the
construction permit shall become invalid, and the new owner or agent of
the owner shall make application for a permit for any work proposed for
which a construction permit is required.
5.
CLASSES OF PERMITS
5.1
For purposed of provision Subsection 3.1.1, the prescribed class of
permits are:
5.1.1 Building Permit. This permit is generally used for all types of
construction governed by the Building Code, including plumbing,
septic systems, renovations, signs, designated structures and farm
buildings, but not limited to the aforementioned.
5.1.2 Demolition Permit. This permit governs both the type and method
of demolition under the Building Code and is a requirement under
Section 8.(1) of the Act. The applicant for a permit for the demolition
of a building is required to retain a professional engineer to
undertake a general review of the project during demolition of the
building and meets certain criteria as outlined by Division C, Part 1,
1.2.2.3. Demolition of a Building in the Building Code.
5.1.3 Plumbing Permit. This permit is for all construction and renovation
of plumbing system defined in Section 1(1) of the Act and Part 7 of
the Building Code.
5.1.4 Designated Structure Permit. This permit is for the construction of
all designated structures as defined under Division A, Part 1,
1.3.1.1. Designated Structures in the Building Code.
5.1.5 Sign Permit. This permit is required for all signs to be
issued/installed pursuant to Section 3.15 of the Building Code.
5.1.6 Change of Use Permit. This permit is used where a change of use
resulting in an increase in hazard as determined under Division A
Part 1, 1.1.2.5. Application of Part 10 and Division C Part 1,
1.3.1.4 Permits Under Section 10 of the Act. in the Building Code.
5.1.7 Restricted Occupancy Permit. This permit is used for Buildings
deemed by the Township to be of a temporary nature.
5.1.8 Sewage System Permit. This permit is for the construction and
repair of sewage systems in accordance with Part 8 of the Building
Code.
5.1.9 Heating, Ventilation and Air Conditioning Permit. This permit is
for the installation and assessment of compliance with the
mechanical components of the Building Code.
5.1.1 O Conditional Permit. This permit may be issued in the discretion of
the Chief Building Official to authorize any stage of construction,
even though all of the requirements under subsection 8(2) of the Act
have not been met such as compliance with other applicable law.
The requirements of Section 8(3) (a)(b) and (c) of the Act must be
met before a conditional permit may be issued.
6.
REQUIREMENTS FOR APPLICATION
6.1
To obtain a permit, the owner or an agent authorized in writing by the
owner shall file an application in writing by completing a prescribed form(s)
available from the Township office or from the Building Code website
www.obc.mah.gov.on.ca .
6.2
Building Permits
6.2.1 Every building permit shall be submitted to the Chief Building
Official, and contain the following information:
6.2.2 Where an application is being made for a Building Permit under
Section 8(1) of the Act, the application shall:
(a)
Identify and describe in detail the work to be covered by the
permit for which application is being made.
(b)
Describe the land on which the work is to be done, by a
description that will readily identify and locate the building lot.
(c)
Include complete plans and specifications as described in
this By-law for work to be covered by the permit and show
the occupancy of all parts of the building, details of the
existing Sewage System, if any.
(d)
State the estimated value of the proposed work including
materials and labour and to be accompanied by the required
fees.
(e)
State the names, addresses and phone numbers and may
state the fax number and/or cell phone numbers, of the
owner, architect, engineer or other designer and constructor.
(f)
Be accompanied by complete plans and specifications as
described in this by-law for the work to be covered by the
permit and show the occupancy or all parts of the building,
details of the existing Sewage System, if any.
(g)
State the names, addresses and telephone numbers and
may state the fax number and/or cell numbers of the owner,
architect or a professional engineer to carry out the field
review of the construction where required by the Ontario
Building Code.
(h)
State the names for each individual who reviews and takes
responsibility for the design activities with respect to the
project and shall state the design activities for which each
individual is qualified pursuant to the Building Code.
(i)
Be signed by the owner or authorized agent who shall certify
the truth of the contents of the application.
0)
Be accompanied by all the necessary approvals required by
law as set out in the Schedules and referenced in Division A
Part 1, 1.4.1.3 Definition of Applicable Law in the Building
Code.
6.3
Demolition Permits
6.3.1 Where an application is made for a demolition permit under Section
8( 1) of the Act, the application shall:
(a)
Contain the information required by clauses 6.2.2.(a) to (g).
(b)
Suitable drawings identifying the location of the building(s) to
be demolished and any other buildings within the proximity
of the demolition which are to remain.
(c)
Be accompanied by satisfactory proof that arrangements
have been made with the proper authorities for the cutting off
and plugging of all water, sewer, gas, electric, telephone or
other utilities and services.
6.4
Conditional Permits
6.4.1 Where application is made for a conditional permit under
Subsection 8(3) of the Act, the application shall:
(a)
Contain the information required by clauses 6.2.2.(a) to (g).
(b)
Contain such other information, plans and specifications
concerning the complete project as the Chief Building Official
may require.
(c)
State the reasons why the applicant believes that
unreasonable delays in construction would occur if a
conditional permit is not granted.
(d)
State the necessary approvals which must be obtained in
respect of the proposed building and the time in which such
approvals will be obtained, and
( e)
State the time in which plans and specifications of the
complete building will be filed with the Official Chief Building.
6.5
Change of Use Permits
6.5.1 Every application for a change of use permit issued under Section
10(1) of the Act shall be submitted to the Chief Building Official, and
shall:
(a)
Contain the information required by clauses 6.2.2 (a) to (g).
(b)
Describe the building in which the occupancy is to be
changed, using a description that will readily identify and
locate the building.
(c)
Identify and describe in detail the current and proposed
occupancies of the building or part of a building for which the
application is made.
(d)
Include plans and specifications which show the current and
proposed occupancy fo al parts of the building and which
contain sufficient information to establish compliance with the
requirements of the Building Code including: floor plans,
details of wall, ceiling and roof assemblies identifying
required fire resistance ratings and load bearing capacities,
details of existing sewage system if any.
(e)
Be accompanied by the required fee.
(f)
State the name, address, telephone, and fax number of the
owner.
(g)
Be signed by the owner or his or her authorized agent who
shall certify the truth of the contents of the application.
6.6
Sewage System Permits
6.6.1 Every application for a sewage system shall be submitted to the
Chief Building Official, and contain the following information:
6.6.1.1.
and
6.6.1.2.
(a)
The information required by clauses 6.2.2 (a)
to (g) in respect to building permits.
(b)
The name, address, telephone number and
Building Code Identifier Number of the person
installing the Sewage System.
(a)
Site evaluation which shall include all of the
following items, unless otherwise specified by
the Chief Building Official.
(b)
The date the evaluation was done.
(c)
Name, address, telephone number and
signature of the person who prepared the
Evaluation.
( d)
A scaled map of the site showing:
the legal description, lot size, property
dimension, existing rights-of-way,
easements of municipal/utility corridors
the location of items listed in column 1
of Tables 8.2.1.5.A, 8.2.1.5.B, and
38.2.1.5.C,
the location of the proposed sewage
.system,
the location of any unsuitable, disturbed,
or compacted areas and,
proposed access routes for system
maintenance.
(e)
Depth to bedrock
(f)
Depth to zones of soil saturatibn.
(g)
Soil properties, including soil permeability (T
Time Test)
(h)
Soil conditions, including the potential for
flooding.
6. 7 Conditional Permits
6. 7 .1 This permit may be issued at the discretion of the Chief Building
Official to authorize any stage of construction, even though all of
the requirements under Subsection 8(2) of the Act have not been
met such as compliance with other applicable law. The
requirements of Section 8(3) (a), (b) and (c) of the Act must be met
before a conditional permit may be issued.
6. 8
Plans Specifications and Information
6.8.1 Sufficient information shall be submitted with each application for a
permit to enable the Chief Building Official to determine whether or
not the proposed construction, demolition, or change of use will
conform with The Act, The Building Code and any other applicable
law.
6.8.2 Each application shall, unless otherwise permitted by the Chief
Building Official, shall be accompanied by two(2) complete sets of
plans and specifications required under this By-law.
6.8.3
Plans shall be drawn to scale on paper, or other durable commonly
used material, shall be legible and, without limiting the generality of
the foregoing, shall include such working drawings as set out in the
Schedules.
6.8.4 Unless otherwise permitted by the Chief Building Official, site plans
shall refer to an up to date survey. When an applicant is required to
demonstrate compliance with the Act, the Building Code or other
applicable law, a copy of the survey shall be submitted to the Chief
Building Official.
6.8.5 Site Plans shall show:
(a)
Lot size and dimensions of property lines and setbacks to
any existing or proposed buildings,
(b)
Existing and finished ground levels or grades, and
(c)
Existing right of way, easements, and municipal services
(d)
Proposed fire access routes and existing fire hydrant
locations.
6.8.6 Plans and specifications furnished according to this by-law or
otherwise required by the Act shall become the property of the
municipality and will be disposed of or retained in accordance with
relevant legislation.
6.8.7 On completion of the construction of a building, the Chief Building
Official may require the applicant to file a set of "as constructed"
plans, including a plan of survey showing the location of the
building.
6.9
Deemed Abandonment
6.9.1 Where an application for a permit remains incomplete and inactive
for six months (6) after it is made, the application may be deemed
by the Chief Building Official to have been abandoned and notice
may be sent to the applicant.
6.9.2 Where a building permit, if after six months after its issuance, the
construction or demolition in respect of which it was issued has not,
in the opinion of the Chief Building Official, been seriously
commenced may be revoked or deemed abandoned.
6.9.3 Where a building permit, if the construction or demolition of the
building is, in the opinion of the Chief Building Official, substantially
suspended or discontinued for a period more than one year may be
revoked or deemed abandoned.
7.
FENCING OF CONSTRUCTION SITES
7.1
In the opinion of the Chief Building Official, if a construction site presents a
particular hazard to the public, he or she may require the erection of such
fencing as he or she deems appropriate to the circumstances. The
required fencing shall be as described in the National Building Code,
Section 8.2.
7.2
In considering the hazard presented by a construction site, the necessity
for fencing, and its construction, the Chief Building Official shall have
regard for:
(a)
The proximity of construction site to the occupied dwellings;
(b)
The proximity of the construction site to lands accessible to the
public, including but not limited to streets, parks, commercial and
institutional activities,
(c)
The hazards presented by the construction activities and materials
(d)
The feasibility and effectiveness of site fencing, and
(e)
The duration of the hazard.
8.
APPROVAL IN PART
8.1
In order to expedite work, when approval for a building permit for a portion
of the building, or project is desired, prior to the issuance of the permit for
the complete building or project, an application shall be made and fees
paid for the complete project. Complete plans and specifications for the
portion desired, shall be submitted with the application together with
sufficient information relative to the whole project to enable the Chief
Building Official to determine whether or not the whole of the work
proposed will conform with the requirements of this by-law and any other
applicable law at the time of the application.
8.2
Where a permit is issued for part of a building or project, the issuance of
the permit shall not be construed to authorize construction beyond the
plans for which approval was given, nor that approval will necessarily be
granted for the entire building or project.
8.3
Permits required for the remainder of the project will be granted subject to
the laws, rules and regulations in effect at the time a subsequent
application is made.
9.
PAYMENT OF FEES
9.1
Fees for a required permit shall be set out in the Township's Schedule of
Fees By-Law. The Minimum Permit Fee is payable upon the submission of
a Building Permit application to the Township. Remaining fees, if
applicable, are payable upon the issuance of the Permit.
9.2
All fees and deposits associated with a permit shall be paid in full, prior to
issuing of the permit and the commencement of construction.
9.3
Where the fees payable in respect of an application for a permit issued
under Subsection 8( 1) of the Act or under Subsection 8(3} of the Act are
based on floor area, floor area shall mean the total floor space of all
storeys above grade measured as the horizontal area between the
exterior walls of the building, except that floor areas below ground are
measured as the horizontal area between the interior of the foundation
walls.
9.4
The Chief Building Official may place a valuation on the cost of the
proposed work for the purpose of establishing the permit fee, and where
disputed by the applicant, the applicant shall pay the required fee under
protest and within six months of completion of the project, shall submit an
audited statement of actual costs, and where the audited costs are
determined to be less than the valuation, the Chief Building Official shall
issue a refund.
10.
REFUND OF FEES
10.1
Building permit holders shall be eligible for a refund in accordance with the
provisions set out below:
10.1.1.
When the work with respect to an issued permit is not
commenced and the permit holder applies for a refund within
six (6) months from the date of the permit issuance;
10.1.2
10.1.3
When the work with respect to an issued permit is
commenced and then abandoned and the permit holder
applies for a refund within six (6) months from the date of the
issuance of the permit;
When the work has commenced and the issued permit has
become invalid by reason of change of ownership of the
property and the permit holder applies for a refund with
twelve (12) months from the date of issuance of the permit;
Amount of refunds
10.2
Where work for which an issued building permit is not commenced, or has
been abandoned, or when a building permit has become invalid a portion
of the fees paid may be refunded as follows:
10.2.1
10.2.2
10.2.3
10.2.4
10.3
10.3.1.
10.3.2
10.4
90% of the fee paid if only administrative functions have
been performed by the Township;
80% of the fee paid if administrative and zoning functions
have been performed by the Township;
60% of the fee paid if administrative, zoning and plan
examination functions have been performed by the
Township; and
55% of the fee paid less $60.00 for each site inspection
made by an Inspector if administrative, zoning, plan
examination functions and site inspection have been
performed by the Township.
There shall be no refund of any building permit fees when:
A building permit has become void; and
A building permit has been revoked.
Building fee refunds are only payable to the building permit
holder, unless a written direction from the building permit
holder indicates otherwise, is received by the Chief
Building Official, before a refund is issued.
11.
NOTICE OF REQUIREMENTS FOR INSPECTIONS
11.1
With respect to "Prescribed Notices" under Division C Part 1, 1.3.5.1. of
the Building Code, the owner or an authorized agent shall notify the Chief
Building Official, or Inspector at least two (2) business days prior to each
stage of construction for which notice is required under the Building Code.
11.2
The Chief Building Official may, at the time of the building permit issuance,
waive the requirement for notification for any construction stage, if such a
requirements for notification is deemed not applicable to the proposed
work.
11.3 Where an inspection of a stage of construction is conducted pursuant to
notification and it is found at the time of inspection that the construction
stage is incomplete or otherwise does not meet the requirement of the
Building Code, the regulations thereunder and/or this by-law, the inspector
shall issue a written report stating the nature of the non-compliance and
requiring that the work be carried out and if deemed necessary, the
inspector shall require a reinspection notification for this same stage of
construction.
11.4
Where a reinspection is required due to incompletion of the work notified
for, a reinspection fee will apply each time an inspector must return for the
same stage of construction.
11.5
Time period shall exclude Saturdays, holidays and all other days when the
Township Building Department is not open for transaction of business with
the public.
12.
AS CONSTRUCTED PLANS
12.1
The Chief Building Official may require that a set of plans of a building or
any class of buildings as constructed be filed with the Chief Building
Official on completion of construction under such conditions as may be
prescribed in the Building Code.
13.
RESTRICTED OCCUPANCY PERMIT
13.1
Despite any other provisions of this by-law the Chief Building Official may
issue a "Restricted Occupancy Permit" for buildings deemed to be of a
temporary nature, containing such terms and conditions as in his or her
absolute discretion, he or she deems advisable. To ensure compliance
with the terms and conditions specified, the Chief Building Official may
require security to be posted for the removal of a building and the
restoration of the site.
14.
VIOLATION AND PENALTY
14.1
Upon conviction for breach of any of the provisions of this By-law, the
person so convicted shall be subject to the penalties as provided for under
clause 36(1 )(c) of the Act.
15.
VALIDITY
15.1
Should any section, subsection, clause, paragraph or provision of this By-
law be declared by a court of competent jurisdiction to be invalid, the
validity of the By-law as a whole or any part of it shall not be affected,
other than the provision declared to be invalid.
16.
BY-LAWS DECLARATIONS
16.1
The granting of any permit or acceptance of any drawings or any
specifications or the making of any inspections made by the Inspector
shall not, in any way, relieve the owner of such building or person
responsible for the provisions of service, labour or materials to the building
from the full and sole responsibility for carrying out the work or having the
work carried out in accordance with the requirements of this By-law, the
Act, its regulations and any other applicable legislation.
16.2 The granting of any permit, or the acceptance of any drawings or
specification, or the making of any inspections by the Inspector shall not,
in any way, relieve the owner of such building or person responsible for
the provisions of service, labour or materials to the building from the full
and sole responsibility for carrying out the work or having the work carried
out in accordance with the requirements of the By-law, the Act, its
regulations and any other applicable legislation.
17.
ATTACHED SCHEDULES
17.1
All schedules attached to this By-law shall be incorporated into and form
part of this Building By-law.
18.
REPEAL OF PREVIOUS BY-LAW
18.1
By-law No.2010-53 of the Corporation is hereby repealed.
19.
EFFECTIVE DATE
19.1
This By-law shall come into force and take effect on the day of passing.
READ A FIRST, AND TAKEN AS READ A SECOND AND THIRD TIME AND FINALLY
PASSED on this 6th day of October, 2021.
Sandie Macdonald, Mayor
Lisa Lehr, Manager of Legislative Services