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CITY OF HAMILTON
By-law No. 15-058
A By-law Under The Building Code Act, 1992
Respecting Permits and Related Matters
OFFICE CONSOLIDATION
This By-law is a consolidated version and includes amendments made by the amending by-
laws listed on the following page. This consolidation is prepared for purposes of
convenience only and is not the official or legal version of the By-law. For accurate
reference to the By-law, certified copies should be obtained through the City Clerk's Office.
Consolidated By-law No. 15-058
Incorporating amendments made by:
By-law No.
Effective Date:
15-189
Update to Section4
15-280
Update to Section 10
16-328
Update to Section 2 and Schedule A
17-279
Update to Schedule A
18-330
Update to Schedule A
19-305
Update to Schedule A
20-259
Update to Section 4,5,7, Schedule A and C
21-242
Update to Schedule A
22-272
Update to Schedule A
23-240
Update to Schedule A
25-008
Update to Schedule A
Authority: Item 4, Planning and Economic
Development Committee
Report 15-003 (PED15020)
CM: February 25, 2015
Bill No. 058
CITY OF HAMILTON
BY LAW NO. 15-058
A By-law under the Building Code Act, 1992
respecting permits and related matters
WHEREAS Council of the City of Hamilton desires to provide for the issuance of
permits and related matters under the Building Code Act, 1992 including its regulations
to obtain sufficient information from applicants to determine compliance with the Act and
applicable laws, for the purpose of providing for the safety and health of the public at
large through compliant construction, demolition and other matters under the Act, and to
fix fees covering the full costs of services provided;
AND WHEREAS public notice has been given and a public meeting held as required for
this By-law, in addition to other public consultation;
AND WHEREAS section 7 of the Building Code Act, 1992 authorizes Council of the City
of Hamilton to pass by-laws concerning the issuance of permits and related matters;
AND WHEREAS sections 8, 9, and 10 of the Municipal Act, 2001 authorize the City of
Hamilton to pass by-laws necessary or desirable for municipal purposes, and in
particular, paragraphs 3, 5, 6 and 8 of subsection 10(2) authorize by-laws respecting the
financial management of the municipality, the economic, social, and environmental well-
being of the municipality, the health, safety and well-being of persons and the protection
of persons and property;
AND WHEREAS section 391 of the Municipal Act, 2001 authorizes the City of Hamilton
to pass by-laws to impose fees or charges on persons for services provided done by or
on behalf of the City of Hamilton;
NOW, THEREFORE, the Council of the City of Hamilton enacts as follows:
1.
SHORT TITLE
1.1
This By-law may be cited as the "Building By-law" or the "Hamilton Building By-
law".
A By-law under the Building Code Act, 1992, respecting permits and related matters
Page 2 of 27
2.
DEFINITIONS
2.1
In this By-law:
"Act" means the Building Code Act, 1992;
"applicant" means the person who applies for a permit or where an individual
is signing on behalf of a corporation or partnership means the corporation
or partnership;
"Building Code" any regulation made under section 34 of the Act;
"business day" means 8:30 a.m. to 4:30 p.m. on any day on which the City of
Hamilton's administration buildings are open for business;
"Chief Building Official" means the person, or his or her designate, appointed
by the City to that office or holding the office pursuant to the Act;
"City" means the geographical area of the City of Hamilton or the municipal
corporation as the context requires;
"complete permit application" means an application satisfying the
requirements of sentence 1.3.1.3(5) of Division C of the Building Code and
the requirements of this By-law;
"owner" means the person registered as the owner on title to the land, and
includes a person who has the right under an agreement or statute to carry
out demolition or other work under a permit as if he/she were the
registered owner;
"permit" means permission or authorization given in writing by the Chief
Building Official to perform work regulated by the Act and the Building
Code, or to occupy a building or part thereof, or to change the use of a
building;
"permit holder" means the person to whom the permit has been issued and
who has the primary responsibility for complying with the Act and the
Building Code;
"prescribed value" means the value established by the Chief Building Official
for the work for which a permit is applied for;
"Registered Code Agency" means a person or entity that has the
qualifications and meets the requirements set out in the Act and the
Building Code.
A By-law under the Building Code Act, 1992, respecting permits and related matters
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2.2
Terms not defined in this By-law shall have the meaning ascribed to them in the
Act, excepting sections 15.1 through 15.8, or the meaning ascribed them in the
Building Code.
2.3
For the purposes of interpretation of this By-law and subject to the Act and the
Building Code;
(a)
the requirements herein are in addition to the requirements of the Act and
the Building Code; and
(b)
classes of permits with respect to the construction, demolition and change
of use of buildings shall be as set out in Schedule "A" to this By-law.
3.
LIST OF SCHEDULES
3.1
The following schedules are attached to and form a part of this By-law:
(a)
Schedule "A" being the general formula for calculation of fees, minimum
fees and classes of permits required for construction, demolition or change
of use;
(b)
Schedule "B" being for the calculation of refunds of permit fees and the
deductions from fees based upon work performed under the permit;
(c)
Schedule "C" being an additional fee required to be paid where indicated
stages of the work have been commenced or completed prior to issuance
of the permit;
(d)
Schedule "D" being the list of plans and documents required to be
submitted with permit applications; and
(e)
Schedule "E", being the Code of Conduct for building officials.
4.
PERMITS
4.1
To obtain any permit, a person entitled to make application under the Act and
the Building Code shall file a complete permit application with the Chief Building
Official in writing or online (when available) and on the prescribed form available
at the offices of the Chief Building Official, the City of Hamilton's website, or
from the Ministry of Municipal Affairs and Housing's Ontario Building Code
website and shall supply any other information or forms relating to the
application as required by the Act, the Building Code, the Chief Building Official
or this By-law.
A By-law under the Building Code Act, 1992, respecting permits and related matters
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Building Permits
4.2
The application for a building permit shall be accompanied by the required fees
as calculated in accordance with this By-law and shall provide sufficient
information with the application to determine compliance with the Act, the
Building Code, applicable law and this By-law, including:
(a)
identification and description in detail of the work, uses and occupancy to
be covered by the permit for which the application is made;
(b) identification and description in detail of the existing occupancy and uses
and the proposed occupancy and uses for which the premises are
intended;
(c) a description of the land on which the work is to be done, that will readily
identify and locate the site on which the construction or demolition is to
occur;
(d) plans and specifications as described in this By-law or as may be
additionally necessary to determine the nature or extent of the
construction, demolition or change proposed under the permit and
compliance with the Act, the Building Code, applicable law and this By-
law;
(e) when subsection 1.2.2 of Division C of the Building Code applies, a signed
acknowledgement of the owner on a form prescribed by the Chief Building
Official that an architect or professional engineer, or both, have been
retained to carry out the general review of the construction or demolition of
the building;
(f)
when subsection 1.2.2 of Division C of the Building Code applies, a signed
statement of the architect or professional engineer, or both, on a form
prescribed by the Chief Building Official, undertaking to provide general
review of the construction or demolition of the building; and
(g) a statement of the following in respect of the work or change being carried
out under the permit:
(i)
where the owner or applicant is paying someone else to carry out the
work, and where a price has been agreed in advance of the work, the
actual price being paid, along with copies of the supporting receipts
or documents; or
(ii)
where the applicant or owner is carrying out the work themselves,
where there is no agreed price above, or where the Chief Building
Official is of the opinion that the price supplied by the applicant in (i)
above is not sufficient to indicate the price being paid is
representative of the cost of the work, the applicant shall supply an
A By-law under the Building Code Act, 1992, respecting permits and related matters
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estimate of the total cost of all work regulated by the permit,
considering the headings of cost as specified in subsection 6.1,
providing actual costs of those items where known, along with copies
of supporting receipts or documents.
Demolition Permits
4.3
In addition to the requirements of subsections 4.1 and 4.2 above, every
demolition permit application shall:
(a) include, when subsection 1.2.2 of Division C of the Building Code applies,
details of the structural design characteristics of the building and the
method and proposed time schedule of the demolition; and
(b) provide written confirmation from the relevant authorities that
arrangements have been made with the authorities for the termination
and capping of all the water, sewer, gas, electric, telephone or other
utilities and services connected to the property; and
(C) include a completed Demolition Application Checklist
Conditional Permits
4.4(1) In addition to the requirements of subsections 4.1 and 4.2 above, every
conditional permit application made under subsection 8(3) of the Act, shall:
(a)
contain such other information, executed agreements, plans and
specifications concerning the complete project as the Chief Building
Official may require, including but not limited to information supporting
compliance with zoning and interim control by-laws, and the feasibility of
returning the site to its original condition, and an agreement for the
applicant or owner to do so on such terms and with security for such work
in such amount as determined necessary by the Chief Building Official;
(b)
state the reasons and give supporting documentation as to why the
applicant believes that unreasonable delays in construction would occur if
a conditional permit is not granted;
(c)
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
(d)
state the proposed time in which plans and specifications of the complete
building will be filed with the Chief Building Official.
4.4(2) The Chief Building Official may, where conditions and requirements imposed
under subsections 8(3) to 8(5) of the Act and this subsection have been fulfilled,
issue a conditional permit for a building subject to compliance with the Act, the
A By-law under the Building Code Act, 1992, respecting permits and related matters
Page 6 of 27
Building Code and any applicable law, the payment of the fees, and the
provision of security and agreements.
4.4(3) A permit holder in respect of an issued conditional permit does not have
permission to proceed to construct or demolish or cause or permit construction
or demolition to proceed beyond the point authorized by the permit without
obtaining a further permit therefore, and the Chief Building Official by reason of
the issuance of a conditional permit or permits for a part or parts of the building
shall not be under any obligation to grant any further permit or permits.
4.4(4) The Chief Building Official is authorized to enter into conditional permit
agreements and to execute such agreements on behalf of the City.
Change of Use Permit
4.5
In addition to the applicable requirements of subsections 4.1 and 4.2 above,
every change of use permit application shall:
(a)
describe the building and the parts thereof in which the occupancy is to be
changed;
(b)
include plans and specifications which show the current and proposed
occupancy and use of all parts of the building, and which contain sufficient
information to establish compliance with the requirements of the Act and
the Building Code including floor plans, details of wall, floor and roof
assemblies identifying required fire resistance rating and load bearing
capacities, and details of the existing sewage system if any;
(c)
where the fee payable under this By-law, in respect of an application for a
change of use permit issued under subsection 10(1) of the Act, is based
on a floor area, the applicant shall supply the total floor area of all storeys
subject to the change of use; and
(d)
be accompanied by a completed and signed form as supplied by the Chief
Building Official, and be signed by the owner or their authorized agent who
shall certify the truth of the contents of the application.
Additional Information
4.6(1) The acceptance or processing of an application under this By-law by the Chief
Building Official or the City of Hamilton, shall not be deemed to prohibit the
Chief Building Official from requiring the applicant to supply further or better
information, plans and specifications or details, as may be necessary to:
(a)
determine compliance with the Act, the Building Code, this By-law,
applicable law including but not limited to zoning and interim control by-law
compliance, and to issue the permit; or
A By-law under the Building Code Act, 1992, respecting permits and related matters
Page 7 of 27
(b)
as may be needed to determine the fees under this By-law.
4.6(2) Failing the applicant supplying such further information requested, the
application may be found incomplete or denied.
Change to Information Supplied in Application
4.7(1) An applicant or permit holder shall give the Chief Building Official written notice
of any material change intended to be made to any plan, specification,
document or other information on which the application was made and permit
issued, and the applicant or permit holder shall supply the Chief Building Official
with details of such changes, and no construction shall be carried out in respect
of the change until written authorization is obtained from the Chief Building
Official.
4.7(2) Notwithstanding paragraph 4.7(1) and the fact that construction or change has
been made without authorization, the applicant or permit holder shall supply
written notice to the Chief Building Official of any material change to any plan,
specification, document or other information on which the application was made
and permit issued, with details of all changes.
4.7(3) In respect of a material change and notice given under paragraphs 4.7(1) and
4.7(2), the Chief Building Official will pursuant to this By-law, the Act and the
Building Code, determine whether a further application or other document must
be filed and timelines extended to review, consider or approve the change, and
the applicable fees under this By-law arising from the change.
Incomplete or Inactive Permit Application
4.8(1) Where an application for a permit remains incomplete or inactive for six months
after it is made, the Chief Building Official may refuse to hold or process the
application by deeming it to have been abandoned, and shall give written notice
to the applicant by ordinary mail at the address indicated on the application.
4.8(2) Where an applicant who has been given written notice under paragraph 4.8(1)
does not respond on the expiration of 10 business days from the date of such
notice, the permit may be cancelled.
4.8(3) lf a permit is cancelled under paragraph 4.8(2), all documents submitted as part
of the application for the permit, including but not limited to plans and
specifications, shall be destroyed in accordance with the Records Retention By-
law.
5.
PLANS AND SPECIFICATIONS
A By-law under the Building Code Act, 1992, respecting permits and related matters
Page 8 of 27
5.1(1) Every complete permit application shall, unless otherwise specified by the Chief
Building Official, be accompanied by the plans and documents listed on
Schedule "D" and in accordance with the requirements of this section.
5.1(2) Every applicant shall furnish as part of the application:
(a) sufficient plans, specifications, documents and other information, including
design calculations, to enable the Chief Building Official to determine
whether the proposed construction, demolition, or change of use conforms
to the Act, the Building Code and any other applicable law; and
(b) a site plan referenced to a current plan of survey certified by a registered
Ontario Land Surveyor and a certified copy of such a survey shall be filed
with the municipality unless this requirement is waived in writing because
the Chief Building Official in his or her opinion is able, without having a
current plan of survey, to determine whether the proposed work conforms to
the Act, the Building Code and any other applicable law. Such site plan
shall include:
(i) the lot size and dimensions of the property;
(ii) all setbacks from existing and proposed buildings to property
boundaries and to each other;
(iii) the proposed lot coverage;
(iv) the existing and finished grades and first floor elevations referenced to
an established datum at or adjacent to the site in respect of which the
application is made; and
(v) all existing rights-of-way, easements and municipal services.
5.1(3) Plans submitted shall be legible and be drawn to scale upon paper or such
other suitable and durable material or in electronic format as the Chief Building
Official may require. Plan size upon paper shall not exceed ISO 216 paper size
A1 or 24 inch x 36 inch unless otherwise permitted by the Chief Building Official.
5.1(4) The Chief Building Official shall determine and specify the number of plans,
specifications, documents and other information required to be furnished with
an application for permit having regard to the requirements of any Act,
regulation or by-law respecting the examination or circulation of the application
beyond the numbers specified in this By-law, which the applicant shall supply to
complete the application.
5.1(5) Permit applications submitted through the ePLANS online service at
eplans.hamilton.ca shall conform to this By-law and to the File Naming
Standards Guide and Submission Standards Guide found at
www.hamilton.ca/eplans
A By-law under the Building Code Act, 1992, respecting permits and related matters
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Plans of Survey
5.2
The Chief Building Official may require from the persons responsible for
construction, a certified plan of survey showing the location of the whole of, or
any part of, any building shall be filed with the Chief Building Official prior to
approval of occupancy.
Alternative Solutions
5.3
Where an application for a permit or for authorization to make a material change
to a plan, specification, document or other information on the basis of which a
permit was issued, contains an alternative solution for which approval in
accordance with section 2.1 of Division C of the Building Code is required, the
application shall include documentation in accordance with subsection 2.1.1.1
of Division C of the Building Code together with any other information or
documentation as required by the Chief Building Official.
Plans Property of Municipality
5.4
Plans and specifications furnished according to this By-law or otherwise
required by the Act or the Building Code become the property of the
municipality and will be disposed of or retained in accordance with the Records
Retention By-law.
6.
FEES
6.1
The Chief Building Official shall determine the required fees for the application,
calculated in accordance with Schedule "A" for the work proposed, and where
the fees payable are based on the prescribed value of the proposed work in
respect of an application, the prescribed value of the proposed work shall mean
the total cost of all work, including labour, regulated by the permit and shall
include the following:
(a)
all design and consultation fees, including architectural and engineering
disciplines;
(b)
all administrative and office costs associated with the co-ordination and
supervision of the project;
(c)
land surveyor's fees associated with the construction of the building;
(d) legal fees directly related to the construction of the building, not including
legal costs leading up to commencement of the project;
(e) the installation costs of site development and services for the building;
A By-law under the Building Code Act, 1992, respecting permits and related matters
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(f) all test reports, including those for soil, material and equipment associated
with the project;
(g)
all permanently fixed equipment or machinery associated with building
services, but does not include non-fixed furnishings; and
(h)
all interior finishes, millwork, mechanical and electrical fixtures and
appurtenances, but does not include the cost of land.
Fees Payable Upon Application
6.2
Except as provided by subsection 2(b) of Schedule "A", the applicant shall pay
the required fees upon application and no permit shall be issued until the fees
therefore, including those imposed under Schedule "C", have been paid in full.
Fees for Conditional Permits
6.3
The conditional permit fee in Schedule "A" shall be in addition to other
applicable permit fees under this By-law and shall not be used as a credit
towards any other permit fees.
Refunds
6.4(1) Subject to paragraph 6.4(2), upon written request by the permit holder, the
Chief Building Official shall determine the amount of fees, if any, that may be
refunded in accordance with Schedule "B" in the case of:
(a)
withdrawal of an application;
(b)
abandonment of an application pursuant to subsection 4.8;
(c)
refusal to issue a permit;
(d)
permit issued in error; or
(e)
request for revocation of a permit pursuant to paragraph 8(10)(e) of the
Act.
6.4(2) There shall be no refund of permit fees where a permit has been revoked under
paragraphs 8(10)(a) or (f) of the Act.
Work Commenced Prior to Permit Issuance
6.5
Every person applying for a permit, when construction, demolition, or a change
in the use of the building has commenced prior to the issuance of the required
permit, shall pay the additional fee required by Schedule "C" as well as the
permit fee set out in Schedule "A".
A By-law under the Building Code Act, 1992, respecting permits and related matters
Page 11 of 27
7.
PERMIT REVOCATION, DEFERRAL OF REVOCATION AND TRANSFER
Revocation of Permit
7.1
Where the Chief Building Official considers revoking a permit under subsection
8(10)(b) or (c) of the Act, the Chief Building Official shall give written notice by
regular mail of the intention to revoke to the permit holder at their last known
address and, if on the expiration of 10 business days from the date of such
notice, the ground for revocation continues to exist, the permit may be revoked
without further notice and all submitted plans and other information will be
disposed of in accordance with the Records Retention By-law.
Deferral of Revocation
7.2(1) Within 10 business days of receipt of a notice of intention to revoke a permit, a
permit holder may request of the Chief Building Official in writing, that the Chief
Building Official defer the revocation of such permit, subject to the following
conditions and processes in paragraphs 7.2(2), 7.2(3) and 7.2(4).
7.2(2) A request for deferral shall set out the reasons why the permit should not be
revoked, the date by which the work will be commenced, resumed or
completed, and include the required permit extension fee set out in Schedule
"A".
7.2(3) Having considered the circumstances of the request and having determined that
there have been no changes to the Act and the Building Code and any other
applicable law which would have prevented the issuance of the original permit,
the Chief Building Official may allow a deferral to a prescribed date, and shall
notify the permit holder in the same manner above.
7.2(4) A request for deferral of revocation is subject to an additional 5% refund
reduction in accordance with Subsection 1(e) of Schedule "B" when a permit is
subsequently revoked.
Transfer of Permit
7.3(1) Permits may be transferred by the Chief Building Official only upon the new
owner completing a permit application pursuant to the requirements of section
4, submitting the application and any permission required for use of existing
plans, specifications or documents submitted or used for the original permit or
such new information relied upon in compliance with paragraphs 4.7(1), 4.7(2)
and section 5.
7.3(2) A fee, as calculated by the Chief Building Official under Schedule "A", shall be
payable upon application for a transfer of a permit, except where there are no
changes to the project, the professional services required, or the information
A By-law under the Building Code Act, 1992, respecting permits and related matters
Page 12 of 27
supplied on or with the application other than the identity of the owner in which
case the flat fee provided in Schedule "A" shall apply. Upon approval of the
transfer by the Chief Building Official, the new owner shall thenceforth be the
permit holder for the purpose of the Act and the Building Code.
8.
NOTICES
8.1(1) Notices for inspections respecting stages of construction required by the
Building Code shall be given by the permit holder to the Chief Building Official at
least two business days in advance of each stage of construction specified in
the Code.
8.1(2) A notice pursuant to this section is not effective until written or oral notice is
received by the Chief Building Official.
9.
FENCING
9.1(1) In addition to the requirements pertaining to Public Way Protection as set out in
the Occupational Health and Safety Act, the permit holder shall comply, and
shall not cause or permit any builder or constructor under the permit to fail to
comply with the provisions of this section.
9.1(2) Where, in the opinion of the Chief Building Official, a construction or demolition
site presents a particular hazard to the public, the Chief Building Official may
require the erection of fencing around the construction or demolition site as set
out in this section.
9.1(3) In considering the hazard presented by a construction or demolition site and the
necessity for fencing the Chief Building Official shall have regard for:
(a)
the proximity of the construction or demolition site to occupied dwellings;
(b)
the proximity of the construction or demolition site to lands accessible to
the public, including but not limited to streets, parks, and commercial and
institutional activities;
(c)
the hazards presented by the construction or demolition activities and
materials;
(d)
the feasibility and effectiveness of site fencing; and
(e)
the duration of the hazard.
A By-law under the Building Code Act, 1992, respecting permits and related matters
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9.1(4) Every fence required under this section shall be a minimum of 1.2 metres and a
maximum of 1.8 metres in height, as measured from the highest adjacent
grade.
9.1(5) (a)
Every fence required under this section shall be located on the perimeter
of the construction site as determined by the Chief Building Official and
constructed as follows:
(i)
if of chain link construction, the chain link shall be securely fastened
to at least 38mm diameter metal tube or pipe or the same thickness
T-bar posts. Such metal posts shall not be more than 3.04m on
centre and embedded into the ground, providing a secure and rigid
support;
(ii)
if of wood construction, the exterior face shall be at least 12.7mm
thick exterior grade plywood, particle board or equivalent material
constructed so as not to provide footholds for climbing. The fencing
shall be supported by at least 38mm wide by 89mm thick posts
spaced at not greater than 2.43m on centre and embedded into the
ground, providing a secure and rigid support;
(iii) if the fence is of the snow fence or plastic mesh type, the fencing
shall be securely fastened to T-bar posts at not greater than 2.43m
on centre and embedded into the ground, providing a secure and
rigid support.
(b)
Other materials or methods may be substituted provided that there is an
equivalent barrier between properties and an equivalent degree of safety
and support provided.
9.1(6) The fence may be provided with 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 no
construction is being carried out on site including daily shut-downs.
9.1(7) Every fence required under this section shall be removed no later than 20
business days after completion of the construction or demolition work.
10.
REGISTERED CODE AGENCIES AND LIMITING DISTANCE AGREEMENTS
10.1(1) The Chief Building Official is authorized to enter into and sign contracts for
service agreements with Registered Code Agencies and appoint them to
perform specified functions from time to time in order to maintain the time
periods prescribed in subsection 1.3.1 of Division C of the Building Code.
10.1(2) The Registered Code Agency may be appointed to perform one or more of the
specified
functions
described
in
section
15.15
of
the
Act.
A By-law under the Building Code Act, 1992, respecting permits and related matters
Page 14 of 27
10.2 The Chief Building Official is authorized to enter into and sign limiting distance
agreements under the Building Code when the following conditions are met;
(a) no land that is owned by the City is affected by the agreement; and
(b) the agreement does not impose any obligations on the City.
11.
CODE OF CONDUCT
11.1
The Chief Building Official and inspectors shall be governed by the Code of
Conduct set out in Schedule "E", with respect to exercising powers and
performing duties under the Act.
12.
SEVERABILITY
12.1
Should a court of competent jurisdiction declare a part or whole of any provision
of this By-law to be invalid or of no force and effect, the provision or part is
deemed severable from this By-law, and it is the intention of Council that the
remainder survive and be applied and enforced in accordance with its terms to
the extent possible under law.
13.
REPEAL
13.1 City of Hamilton By-laws No. 03-119 and No. 08-161 are repealed.
13.2 All applications made and permits issued under By-law No. 08-161 shall be
deemed to be applications made and permits issued under this By-law and all
rules, requirements and regulations of this By-law shall apply, with all necessary
modifications.
14.
EFFECTIVE DATE
14.1
This By-law comes into force on the day it is passed.
PASSED this 25th day of February, 2015.
Fred Eisenberger
Rose Caterini
Mayor
City Clerk
To Amend By-law No. 15-058
A By-law Respecting Building Permits and Related Matters
Page 2 of 11
SCHEDULE "A" TO BUILDING BY-LAW NO. 15-058
RESPECTING CLASSES OF PERMITS AND FEES
PERMIT FEES
1.
Permit fees shall be calculated based on the formula given below, unless
otherwise specified in this schedule:
Permit Fee = SI x A
Where SI = Service Index for the applicable Classification under Section 3 below
of the work proposed, and A = floor area in m² of work involved.
2.
(a) Permit fees shall be rounded off to the nearest full dollar.
(b) Where the permit fee is in excess of $50,000 an applicant may elect to pay
55% of the full permit fee at the time of building permit application and the
balance at the time of permit issuance.
(c) Fees noted in this Schedule are subject to Harmonized Sales Tax (H.S.T.)
where applicable.
CLASSES OF PERMITS AND FEES
3.
Permit fees shall be calculated using the following table:
TABLE 1 - CLASSES OF PERMITS AND FEES
Minimum Fee
Minimum fee for processing and issuance of permits, except where
specifically noted otherwise in this By-law
$291
Group A (Assembly Occupancies)
Service Index (SI)
$/m² unless otherwise
indicated
All Recreation Facilities, Elementary Schools, Daycare Facilities,
Libraries, Places of Worship, Restaurants, Theatres, Arenas,
Gymnasiums, Indoor Pools, Secondary Schools and all other
Group A Buildings
$27.21
Portable Classrooms
$435 per portable
Shell only
$23.62
Finishing only
$6.18
Non-Residential - Outdoor Patio
$218 (flat fee)
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Group B (Institutional Occupancies)
Service Index (SI)
$/m² unless otherwise
indicated
Institutional, Hospitals, Medical Care Facilities, Nursing Homes,
and other Group B Buildings
$32.52
Shell only
$26.03
Finishing only
$7.19
Group C (Residential Occupancies)
Service Index (SI)
$/m² unless otherwise
indicated
Detached house, semi-detached house or row house
$18.32
Additional dwelling unit in an existing house
$515 (Flat Fee)
Detached additional dwelling unit in the rear yard of a house
$1,030 (Flat Fee)
Apartment buildings
$18.32
Hotels, Motels
$24.23
Other Residential Work (for a detached house, semi-detached
house or row house)
Service Index (SI)
$/m² unless otherwise
indicated
Deck, balcony, open porch, stairs
$5.36
Garage, storage shed
$6.58
New basement, cold cellar
$6.58
Finishing a basement
$4.06
Residential greenhouse, open carport
$5.36
Exterior barrier-free access
$0.00
Group D (Business and Personal Services)
Service Index (SI)
$/m² unless otherwise
indicated
Office Buildings (up to 10 storeys) (Shell only)
$18.29
Office Buildings (up to 10 storeys) (Finishing only)
$5.85
Office Buildings (up to 10 storeys) (Finished)
$24.14
Office Buildings (more than 10 storeys) (Shell only)
$22.11
Office Buildings (more than 10 storeys) (Finishing only)
$6.21
Office Buildings (more than 10 storeys) (Finished)
$28.33
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Group E (Mercantile)
Service Index (SI)
$/m² unless otherwise
indicated
Retail (Shell only)
$15.00
Retail (Finishing only)
$5.07
Retail (Finished)
$20.05
Group F (Industrial)
Service Index (SI)
$/m² unless otherwise
indicated
Industrial (Shell only)
$9.08
Industrial (Finishing only)
$4.96
Industrial (Finished)
$14.06
Parking Garages
$8.30
Gas Stations
$15.15
Subsurface Works (in addition to the regular permit fee)
Flat Fee
Unless otherwise
indicated
Foundation Permits
Residential under Part 9 of Division B of the Building Code
$453
Residential/Commercial/Industrial/Institutional under Part 3 of
Division B of the Building Code (up to 1200 m²)
$1,125
Residential/Commercial/Industrial/Institutional under Part 3 of
Division B of the Building Code (greater than 1200 m²)
$3,377
Excavation and Shoring
$12.49 per linear
metre
New water service (low density residential only)
$187
New water service when included with a complete building permit
application for a new building (low density residential only)
$168
New sewer service (low density residential only)
$187
New sewer service when included with a complete building permit
application for a new building (low density residential only)
$168
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Designated Structures
Flat Fee
Retaining Wall
$523
Crane Runway
$523
Communication Tower
$523
Exterior Storage Tanks and its supporting structure (including
Silos)
$523
Pedestrian Bridge/Walkway
$523
Dish Antenna mounted on a Building (face area equal to or greater
than 5 m²)
$523
Outdoor Public Spa
$1,071
Outdoor Public Swimming Pool
$2,121
Fire Protection Systems (stand alone - excludes relocation of
components for existing system)
Service Index (SI)
$/m² unless otherwise
indicated
Electromagnetic Locks/Electric Strikes
$248 each
(maximum $741)
Fire Alarm System
$435 (flat fee)
Fire Fighting Water Reservoir
$523 (flat fee)
Emergency Lighting/Exit Signs
$435 (flat fee)
Sprinkler System
$0.72
Standpipe System
$435 (flat fee)
Combined Sprinkler and Standpipe System
$0.72
(minimum $435)
Mechanical Systems (stand alone)
Flat Fee
Commercial Cooking Exhaust System
$435
Demolition (complete or partial building - not issued under
Demolition Control By-law)
Service Index (SI)
$/m² unless otherwise
indicated
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Residential - single/two family dwelling and townhouses
$0.54
Accessory structures to a residential use or partial demolition of a
single/two family dwelling and townhouses
$0.54
($188 minimum)
Non-residential and multi residential
$0.54
($464 minimum)
Plumbing Devices (stand alone)
Flat Fee
Backflow Preventer
For first premise or zone device
For each additional premise or zone device
$291
$187
Backwater Valve
$291
Grease/Oil Interceptor
$291
Renewable (Green) Energy Systems
Flat Fee
Geothermal System for a Single/Two Family Dwelling
$523
Geothermal System for all other Buildings
$701
Solar Collector for a Single/Two Family Dwelling
$291
Solar Collector for all other Buildings
$523
Wind Turbine
$523
Sewage Systems
Flat Fee
To construct a sewage system pursuant to the provisions of the
Act
$1,010
To construct a Class 5 sewage systems or to repair a sewage
system pursuant to the provisions of the Act
$619
Sewage System Maintenance Inspection Program
$283
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Signs
Flat Fee
Ground Sign with a sign area of less than or equal to 2.5 m²
$261
Ground Sign with a sign area of greater than 2.5 m² and up to
4.0 m²
$458
Ground Sign with a sign area greater than 4.0 m²
$917
Awning, Canopy, Marquee, Parapet, Projecting and Wall Signs
$458
Billboard
$917
Other Classifications (not previously listed)
Service Index (SI)
$/m² unless otherwise
indicated
Accessory structures, garage, storage shed, new basement, cold
cellar, unenclosed canopies, air supported structures
$6.58
Farm Buildings
$3.36
Greenhouses
$2.01
(Maximum $6,620)
Temporary Structures
Tents
$2.18
(Maximum $464)
Sales Offices
$17.90
Construction Trailers
$14.16
Stages
$292 (flat fee)
Other Structures (intended to be used for less than 6 months)
$292 (flat fee)
Residential greenhouses, deck, balcony, open porch, exterior stair,
ramp, open carport, terraces, exterior roof amenity areas
$5.36
Balcony Guard (replacement only)
$3.15 per linear
metre
Balcony Repairs (localized concrete repairs including guards)
$31.52 per balcony
Slab Reconstruction (other than Balconies)
$6.30
Shelf and Rack Storage
$1,010 (flat fee)
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Other Classifications (not previously listed) (continued)
Service Index (SI)
$/m² unless otherwise
indicated
Dust Collector
$523 (flat fee)
Paint Booth
$523 (flat fee)
Alterations/partitioning/renovations to existing finished areas
(where no building systems are being installed or altered),
relocation/moving permits
$4.06
Re-roofing without any structural changes (except for buildings
containing less than 4 dwelling units or townhouses)
$0.35
Administrative Fees
Flat Fee
Additional Plan Review (Resubmission)
Where a non-compliant resubmission is submitted above and
beyond the first resubmission
$187 (per hour of
review time)
Additional Permit Fee (Revision)
Where an applicant makes a material change to a plan,
specification, document, or other information, following the
issuance of a building permit (includes first hour of review
time)
$187
For each additional hour, or part thereof, of review time
$187
Alternative Solution
Application for an Alternative Solution under Section 2.1, of
Division C, of the Building Code (up to 4 hours review time)
$677
For each additional hour, or part thereof, of review time
$187
Applicable Law Review
Review and consultation for Applicable Law requirements
$285
Building Code Compliance Letters
Written requests for information concerning a building's
compliance with the current Building Code
$187 (per hour of
review time)
Change of Use Permit
Change of use Permit with no construction
$291
Conditional Permit Fee
Review and approval of Conditional Permit
Agreements/Undertakings
10% of permit fee
(minimum $1,219,
maximum $4,267)
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Administrative Fees (continued)
Flat Fee
Fire Watch/Fire Plan
Review and approval of Fire Watch/Fire Plans during
construction
$611
Limiting Distance Agreements
For Review and approval of Limiting Distance Agreements
under the Ontario Building Code
$660
Occupancy Permit of an Unfinished Building
Occupancy Permit for an Unfinished Residential Building (fee
is for each individual Occupancy Permit request)
$187
(+ $45.84 for each
additional unit)
Occupancy Permit for all other Unfinished Buildings (fee is
for each individual Occupancy Permit request)
$611
Permit or Application Extensions
Extension of a building permit or permit application where no
revisions are required
$187
Pre-Consultation
Building Code preliminary design consultation/review for
proposed designs prior to a complete permit application
being submitted
$187 (per hour of
review time)
Premature/Additional Inspections
Where an inspection request is premature and the inspector
must re-attend the site to complete the necessary inspection,
or an additional inspection is requested or required
$248
(per inspection)
Stock Plans
Review of stock plans for new single-family dwellings in a
Plan of Subdivision prior to a complete permit application
being submitted
$474
Suspended Permit
Where an inspection is requested for a Permit that has been
suspended
$248
(per inspection)
Transfer of Permit
Where ownership changes on a property and there are no
other changes to the project or the professional services
required.
$187
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4.
Where no new floor area is created, or where materials, systems or equipment
regulated by the Building Code render it impossible to determine the permit fee on
the basis of the classifications noted in this Schedule, the permit fee payable shall
be 1% of the prescribed value as determined by the Chief Building Official under
Subsection 6.1 of this By-law, subject to a minimum fee as per Section 3 of this
Schedule.
5.
The total fees under this Schedule and Schedule "C" shall be paid prior to the
issuance of a permit.
6.
INTERPRETATION
In addition to referring to the Act and the Building Code in determining the fees
under this By-law, the Chief Building Official may have regard to the following
explanatory notes as may be needed in the calculation of permit fees:
(a)
Floor area of the proposed work is to be measured to the outer face of
exterior walls and to the centre line of party walls or demising walls (but
excluding residential garages);
(b)
In the case of interior alterations or renovations, area of proposed work is
the actual space receiving the work (e.g. tenant space);
(c)
Mechanical penthouses and floors, mezzanines, lofts, habitable attics,
balconies, terraces and exterior roof amenity areas are to be included in all
floor area calculations;
(d)
Except for interconnected floor spaces, no deduction is made for openings
within the floor area (e.g. stairs, elevators, escalators, shafts, ducts, and
similar openings);
(e)
Unfinished basements for single family dwellings, semis, duplexes and
townhouses are not included in the floor area;
(f)
Attached garages and fireplaces are included in the permit fee for individual
dwelling units;
(g)
Where interior alterations and renovations require relocation of sprinkler
heads or fire alarm components, no additional charge is applicable;
(h)
Corridors, lobbies, washrooms, lounges, and similar areas are to be
included and classified according to the major classification for the floor
area on which they are located;
(i)
The occupancy categories in the Schedule correspond with the occupancy
classifications in the Building Code. For mixed occupancy floor areas, the
Service Index for each applicable occupancy category shall be used with
the floor are associated with the occupancy.
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(j)
A temporary building is considered to be a building that will be erected for
not more than one year; and,
(k)
Where a change of use permit is subject to a fee based on floor area, "floor
area" shall mean the total floor space of all storeys subject to the change of
use.
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SCHEDULE "B"
REFUND OF PERMIT FEES
1. The permit fees that may be refunded under subsection 6.4 of this By-law, are
to be a percentage of the permit fees payable under this By-law subject to
section 2 of this Schedule, as follows:
Work Performed
Refund
(a) Administrative functions only have been performed
(b) Administrative and zoning functions only have
been performed
(c) Administrative, zoning and plan examination
functions only have been performed
(d) The permit has been issued and no field
inspections have been performed subsequent to
the permit issuance
(e) The permit has been issued and field inspections
have been performed subsequent to the permit
issuance
80%
70%
45%
35%
35% reduced
by 5% for each
field inspection
performed
2. Notwithstanding section 1 above, no refund is to be made of an amount less
than the minimum permit fee.
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SCHEDULE "C"
Percentage Increase in Applicable Permit Fees for Work Commenced or
Completed Without Permit
1. An additional fee is required to be paid as set out below when work is commenced
without the required permit. The Schedule "C" fees are intended to cover the
additional costs associated with the additional administrative and regulatory actions
of the City made necessary by the commencement of work without the required
permit. The additional fee is calculated as a percentage increase in the permit fee
prescribed in Schedule "A", as follows:
Work Commenced/Completed Prior
to Permit Issuance
Applicable Increase in
Permit Fee
(a)
Footings/Foundations or any other work
requiring the issuance of a permit is
commenced
25%
(b)
Structural Framing commenced
50%
(c)
Structural Framing completed
75%
(d)
Building or any other work requiring the
issuance of a permit is completed
100%
(e)
Demolition or Partial Demolition
100%
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SCHEDULE "D"
Plans and Documents Required for Permit Applications
1.
Except as noted in section 2 of this Schedule, every permit application shall be
accompanied by two copies of the following plans and documents:
(1) Residential - Detached and Semi-detached houses
1. Site Plan
2. Grading Plan
3. Floor Plans
4. Building Elevations
5. Cross Sections
6. Roof and floor truss drawings sealed by a Professional Engineer
7. Heat loss calculations and duct layout
8. Mechanical Ventilation Design Summary
(2) All Other Uses
1. Ontario Building Code Matrix
2. Site Plan
3. Grading Plan
4. Floor Plans
5. Foundation Plans
6. Roof Plans
7. Reflected Ceiling Plans
8. Building Elevations
9. Cross Sections and Assemblies
10. Structural Plans
11. Mechanical Plans
12. Plumbing Plans
13. Electrical Plans
14. Fire Separation Plan
15. Fire Protection Plans
16. Door and Window Schedules
Exceptions
2.
(1) The Chief Building Official may waive the requirement for multiple copies and
any required information specified in this schedule due to limited scope of work,
applicable law or Building Code requirements; and
(2) The Chief Building Official may also require additional documents, copies and
drawings in addition to any required information specified in this schedule due
to the scope of work, in order to ensure compliance with applicable law, the Act,
the Building Code and this By-law.
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SCHEDULE "E"
CODE OF CONDUCT FOR BUILDING OFFICIALS
Introduction
This Code of Conduct applies to the Chief Building Official and inspectors appointed by
the City under the Building Code Act, 1992 in the exercise of a power or the
performance of a duty under the Building Code Act, 1992 or the Building Code. The
purposes of this Code of Conduct are to promote appropriate standards of behaviour
and enforcement actions by the Chief Building Official and inspectors, to prevent
practices, which may constitute an abuse of power, including unethical or illegal
practices, and to promote appropriate standards of honesty and integrity in the exercise
of a power of the performance of a duty under the Building Code Act, 1992 or the
Building Code by the Chief Building Official and inspectors.
Standard of Conduct
In addition to any existing Code of Conduct Policy which the City of Hamilton already
has in place for its municipal employees, the Chief Building Official and inspectors of the
City of Hamilton undertake to:
(1)
Act in the public interest, particularly with regard to the safety of buildings and
structures.
(2)
Conduct themselves with a high degree of personal integrity and ethics, and in
particular they should not place themselves, or permit themselves to be placed,
in a position which would constitute, or on an objective basis give a reasonable
apprehension, of a conflict of interest or breach of trust.
(3)
Exercise powers in accordance with the provisions of the Building Code Act,
1992, the Building Code and other applicable law that governs the authorization,
construction, occupancy and safety of buildings and designated structures.
(4)
Apply all relevant building laws, regulations and standards in a consistent and fair
manner, independent of any influence by interested parties.
(5)
Act honestly, reasonably and professionally in the discharge of their duties.
(6)
Not divulge any confidential or sensitive information or material that they become
privy to in the performance of their duties, except in accordance with laws
governing freedom of information and protection of privacy.
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Breaches of the Code of Conduct
Compliance with this Code of Conduct shall constitute a condition of employment as a
Chief Building Official or inspector for the City of Hamilton appointed under the Building
Code Act, 1992. Any appointed Chief Building Official or inspector who fails to act in
accordance with the provisions of this Code of Conduct may be subject to disciplinary
action appropriate to the seriousness of the breach. All allegations concerning a breach
of this Code of Conduct shall be made in writing.
Any person who has reason to believe that this Code of Conduct has been breached
may bring the matter to the attention of the Chief Building Official. Where the allegation
concerns the actions of the Chief Building Official, the matter may be brought to the
attention of the General Manager of Planning and Economic Development to whom the
Chief Building Official reports.
Disciplinary actions arising from violations of this Code of Conduct are the responsibility
of the City of Hamilton as the employer and will be based on the severity and frequency
of the violation in accordance with relevant employment or collective agreements,
employment standards and privacy requirements.