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MUNICIPAL CORPORATION OF THE TOWNSHIP
OF KILLALOE, HAGARTY AND RICHARDS
BY-LAW NO. 42 - 2026
Being a By-Law to repeal and replace By-Law #18-2021, Being a By-Law
respecting Construction, Demolition and Change of Use Permits and
Inspections.
WHEREAS, subsection 5(3) of the Municipal Act, 2001, S.O. 2001, c.25 provides that the
powers of every Council are to be exercised by By-Law;
AND WHEREAS, section 7 of the Building Code Act, 1992, S.O. 1992, C 23 authorizes a
municipal Council to pass by-laws respecting construction, demolition and change of use
permits and inspections;
NOW THEREFORE, the Council for the Corporation of the Township of Killaloe, Hagarty
and Richards enacts as follows:
Part 1
Definitions and Interpretation
1.0
Short Title:
1.01 This by-law may be cited as the "Building By-Law".
2.0
Definitions:
2.01 In this by-law:
"Act" means the Building Code Act, 1992, S.O. 1992, Chapter 23, as amended;
"Applicant" means the owner of a building or property who applies for a permit or any
authorized agent who applies for a permit on the owner's behalf, or any person or
corporation empowered by statute to cause the demolition of a building or buildings and
anyone acting under the authority of such person or corporation;
"Authorized Agent" means a person who has been authorized in writing by the owner to
act on his/her behalf;
"As Constructed Plans" means construction plans and specifications that accurately
reflect the building and its precise location on the property, incorporating all changes
made during the actual construction process, as defined by the Ontario Building Code;
"Architect" means a holder of a valid license, a valid certificate of practice, or a valid
temporary license under the Architect's Act, as amended;
"Basement" means one or more storeys of a building located below the first storey and
shall include walkout basements;
"Building" means a building as defined in Section 1(1) of the Act as amended;
"Building Code or Code" means the regulations made under Section 34 of the Act, as
amended;
"Chief Building Official" means the Chief Building Official appointed pursuant to
subsection 3(2) of the Act and by by-law for the Corporation of the Township of Killaloe,
Hagarty and Richards for the purposes of enforcement of the Act;
"Code of Conduct" means conduct for Chief Building Officials and Inspectors as set out
in Schedule "B" of the By-Law;
"Complete Application" means an application that meets the requirements set out in
the Building Code and this By-Law for applications where the Chief Building Official is
required to make a decision within a prescribed time period, and Part 3 and 4 of this By-
Law;
"Construct" means "Construct" as defined in subsection 1(1) of the Act as amended;
"Demolish" means "Demolish" as defined in subsection 1(1) of the Act as amended;
"First Storey" means the storey with its floor closest to grade and having its ceiling more
than 1.8m above grade;
"Fixture" means "Fixture" as defined in Sentence 1.4.1.2(1) of the Code;
"Inspector" means an inspector appointed pursuant to subsection 3(2) of the Act and by
by-law of the Township of Killaloe, Hagarty and Richards for the purposes of enforcement
of the Act;
"Owner" means the registered owner of the land, and includes a lessee, mortgagee in
possession, and the person in charge of the property;
"Permit" means written permission or written authorization from the Chief Building
Official to perform work regulated by this by-law, The Ontario Building Code and the Act,
or to change the use of a building or part of a building or parts thereof as regulated by the
Act, and in the case of an occupancy permit, to occupy any building or part thereof;
"Permit Holder" means the owner to whom the permit has been issued or, where the
permit has been transferred, the new owner to whom the permit has been transferred to;
"Plumbing" means "plumbing" as defined in subsection 1(1) of the Act as amended;
"Professional Engineer" means a person who holds a valid license or a temporary valid
license under the Professional Engineer's Act, as amended;
"Registered Code Agency" or "RCA" means a "Registered Code Agency" as defined in
subsection 1(1) of the Act as amended;
"Sewage System Inspector" means an inspector appointed by by-law of the Municipal
Corporation of the Township of Killaloe, Hagarty and Richards and who possesses the
qualifications as prescribed under the Act;
"Sewage System" means "Sewage System" as defined in the Code;
"Storey" means that portion of a building which is situated between the top of any floor
and the top of the floor next above it, and if there is no floor above it, that portion
between the top of such floor and the ceiling above it;
"Township" shall mean the Township of Killaloe, Hagarty and Richards;
"Work" means to do anything in the construction, demolition, or change of use of a
building, which is regulated by the Act and the Building Code.
3.0
Interpretation:
3.01 Terms not defined in this by-law shall have the meaning ascribed to them in the
Act or the Ontario Building Code, however, should there be an inconsistency
between the Act and the Ontario Building Code, the definition of the terms within
the Ontario Building Code shall be used.
3.02 In this by-law, a word interpreted in the singular number has a corresponding
meaning when used in the plural.
3.03 This by-law includes the Schedules annexed hereto and the Schedules are hereby
declared to form part of this by-law.
3.04 In this by-law, the word "metre" shall be represented by the abbreviation "m", the
word "centimetre" shall be represented by the abbreviation "cm" and the word
"millimetre" shall be represented by the abbreviation "mm".
3.05 It is declared that if any section, subsection or part of parts thereof be declared by
any Court to be bad, illegal or ultra vires, such section, subsection or part of parts
shall be deemed to be severable, and all parts hereof are declared to be separate
and independent and enacted as such.
3.06 Where reference is made to a specific section of the Act or Building Code, such
reference shall be automatically amended to reflect any changes or renumbering
of the Act or Building Code and appropriate section of the Act or Code shall apply.
Part 2
Permits
4.0
Classes of Permits:
4.01 The classes of permits with respect to the construction, demolition or change of
use of a building or part thereof shall be set out as per the User Fees and Charges
By-Law, as amended.
5.0
General Permit Requirements
5.01 Roofing, shingling, building cladding and the replacement of windows do not
require a permit, provided a structural change is not required, or provided
otherwise by the Act or Code.
6.0
Additional Requirements for Building Permits
6.01 Driveway Entrances
i) Prior to the issuance of a Building Permit, the Chief Building Official shall ascertain,
through consultation with the Municipal Works Superintendent, whether the
subject lot fronts on an existing, maintained township road or highway, or has
other legal access such as frontage on another open maintained road, or has
registered right of way which provides access to an open maintained road.
ii) Approval of the driveway entrance location by the Municipal Works
Superintendent, or his/her designate, is required before a building permit is issued
if the lot is located adjacent to a Township Road or if the legal access to the lot is
fronting a Township Road. If the entrance does not front onto a Township Road,
and abuts another open road, then approvals from the appropriate road
authorities must be obtained, related to the driveway entrance and otherwise,
prior to the issuance of the building permit as determined by the Chief Building
Official.
iii) If a lot does not front an open maintained road or does not have legal access to
an open maintained road, then a permit may be issued for a building or structure
on the lot on the condition that the building or structures, contemplated by the
permit, are not in violation of the Township's Zoning By-law and all other legal
requirements are met. A permit which would result in a building, structure, or
property being non-compliant with the Township's Zoning By-law shall not be
issued. For clarity, a permit may be issued for a building or structure on a said lot,
notwithstanding that it would result in the building, structure, or property being in
violation of the Township's Zoning By-law, if "legal non conforming" status applies
to the building or structure.
6.02 Civic Addressing
i) The applicant, or his/her agent shall, prior to the issuance of a building permit,
make application and make payment as per the User Fees and Charges By-Law,
to cover the cost of provision and installation by the Municipal Works
Department, of a property identification number sign (civic number) and post if
applicable.
Part 3
Application for Permit
7.0
Information to be submitted with all applications:
7.01 Every application for a permit shall:
i) Contain the information set out in Parts 3 & 4 of this by-law, as applicable;
ii) Contain the prescribed building permit deposit form completed and signed;
iii) Be signed by the owner, or their authorized agent, who shall certify the truth of
the contents of the application;
iv) Contain any other information as may be required by the Act or Code; and
v) Be submitted to the Chief Building Official.
8.0
Application for Permit to Construct
8.01 Where an application is made for a permit to construct under subsection 8(1.1) of
the Act, the owner shall file the following information:
i) The prescribed application form entitled "Application for a Permit to Construct or
Demolish";
ii) Complete plans and specifications, site plan, drainage plan, documents and
other information as required in Part 4 of this by-law;
iii) Commitment to General Review by applicable Engineer/Architects, as required;
and
iv) All other information and documentation as required by the Chief Building
Official.
9.0
Application for Permit to Demolish
9.01 Where an application is made for a permit to demolish under subsection 8(1.1) of
the Act, the owner shall file the following information:
i) The prescribed application form entitled "Application for a Permit to Construct or
Demolish";
ii) Complete plans and specifications, site plan, documents and other information
as required in Part 4 of this by-law;
iii) Proof satisfactory to the Chief Building Official that arrangements have been
made for the disconnection of water/sewer services, gas, electric and all other
private services.
iv) That in circumstances where Division C, Section 1.2 of the Building Code applies,
be accompanied by a "Commitment to General Review by Architects or
Engineers" form;
v) The applicant shall retain a professional engineer to undertake the general
review of the project during demolition, where:
a. The building is greater than 3 storeys in height, or 600m2 in building
area,
b. The building includes pre tensioned or post tensioned members,
c.
Excavation will be within the angle of response of a footing on an
adjacent structure, or
d. Explosives or lasers are to be used during the demolition; and
v) All other information and documentation as required by the Chief Building
Official.
10.0 Application for Conditional Permit
10.01 Where an application is made for a conditional permit under subsection 8(3) of the
Act, the owner shall file the following information:
i) The prescribed application form entitled "Application for a Permit to Construct or
Demolish";
ii) Complete plans and specifications, site plan, drainage plan, documents and
other information as required in Part 4 of this by-law;
iii) A statement of the reasons why the applicant believes that unreasonable delays
in construction would occur if a conditional permit was not granted;
iv) A statement of the necessary approvals which must be obtained n respect of the
proposed building and the time in which such approvals will be obtained;
v) The time in which plans and specifications of the complete building will be filed
with the Chief Building Official;
vi) The conditional permit agreement to be signed by the applicant and filed with
the Chief Building Official;
vi) All other information and documentation as required by the Chief Building
Official.
11.0 Application for Change of Use Permit
11.01 Where an application is made for a change of use permit issued under subsection
10(1) of the Act, the owner shall file the following information:
i)
The application form prescribed by the Chief Building Official;
ii) Complete plans and specifications showing the current and proposed occupancy
of all parts of the building contained in the Building Code including:
a. Floor plans,
b. Details of wall, ceiling and roof assemblies identifying required fire-
resistant ratings and load bearing capacities, and
c. Details of the existing sewage system, if any, and
iii) All other information and documentation as required by the Chief Building
Official.
12.0 Application for Permit to Construct Sewage System
12.01 Where an application is made for a permit to construct a sewage system under
subsection 8(1.1) of the Act, the owner shall file the following information:
vi)
The prescribed application form entitled "Application for a Permit to Construct
Sewage System";
vii) Complete plans and specifications, site plan, documents, soil samples/analysis',
filter/stone receipts, and other information as required in Part 4 of this by-law;
viii) At the Sewage System Inspector's discretion, provide a test hole to a depth as
determined by the Sewage System Inspector; and
ix)
All other information as required by the Chief Building Official or Sewage
System Inspector.
13.0
Incomplete Application
13.01 Every application is deemed to be incomplete if it does not contain the prescribed
information or is not accompanied by the plans, specifications and documents
specified in this By-Law and Division C, Sentence 1.3.1.3.(5) of the Building Code.
An incomplete application shall not be accepted by the Chief Building Official.
13.02 Notwithstanding Section 13.01 of this By-law, an incomplete application may be
accepted by the Chief Building Official if the Applicant acknowledges the
Application is incomplete and provides this acknowledgement in writing to the
Chief Building Official. If such an Application is accepted by the Chief Building
Official, then the timelines stipulated by the Building Code shall be postponed until
the Application is deemed complete.
14.0
Abandoned Application
14.01 Where an application for a permit remains incomplete or inactive for six months or
more, a Notice of pending cancellation may be given to the owner or authorized
agent by the Chief Building Official. The Notice shall provide that the Chief
Building Official shall deem the application as "abandoned" in 30 days from the
date of the Notice, unless information is provided by the Applicant to the Chief
Building Official which shall satisfy the Chief Building Official that the permit should
not be "abandoned". Said information must be received within 30 days of the
date of the said Notice.
14.02 At the conclusion of the 30 day Notice period as described in section 14.01 the
Chief Building Official, at their sole discretion, may deem the application as
"abandoned".
14.03 If the application has been deemed abandoned by the Chief Building Official, the
application and associated records may be removed/destroyed from the
Township's records at the discretion of the Chief Building Official. For clarity, a
new application would then be required should the applicant decide to proceed
with construction or demolition as applicable.
15.0
Transfer of Permits
15.01 In the event that the ownership of a property, which is the subject of a building
permit is transferred, the person or entity to whom it is transferred shall apply to
the Chief Building Official to transfer the building permit to the new owner within
30 days of the change of ownership, and the original permit holder and the
proposed new permit holder shall complete the prescribed form set out in
Schedule "A" within 30 days of the change of ownership.
i)
For clarity, in the event that the Chief Building Official or the Township seeks to
enforce the provisions of the Act, its regulations, or this by-law, with respect to
the work done pursuant to the permit, the property owner may be responsible
for its compliance notwithstanding that the property owner did not apply for the
original permit.
16.0
Conditional Permit - Limitations
16.01 Where a permit is issued for part of the work for a building, the permit holder may
proceed with part of the said work. The issuance shall not be construed as to
authorize construction beyond the plans for which approval was given, or
guarantee that approval will necessarily be granted for the entirety of the work.
Part 4
Plans and Specifications
17.0
Sufficient Information to be Supplied
17.01 The applicant shall submit sufficient information 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, Building
Code, any applicable law and whether or not the adjacent property may be
affected.
18.0
Plan Submission Format
18.01 The applicant, shall submit two complete sets of hard copy plans and
specifications along with one set of electronic plans, unless otherwise specified by
the Chief Building Official.
18.02 Plans that are submitted to the Chief Building Official shall be:
i)
Drawn to scale, unless otherwise specified by the Chief Building Official;
ii)
Legible and durable; and
iii)
Indicate the nature and extent of the work or proposed occupancy in sufficient
detail to establish that the complete work will conform to the Act, the Building
Code and any applicable law.
18.03 Plans and Construction Drawings shall include the following unless specified
otherwise by the Chief Building Official:
i)
Floor Plans
ii)
Foundation Plans
iii)
Framing Plans
iv)
Roof Framing Plans
v)
Sections and Details
vi)
Building Elevations
vii)
Heating, Ventilation and Air Conditioning Drawings
viii) Shop Drawings (including applicable truss' and joists)
ix)
Plumbing Drawings
x)
Energy Efficiency Design Summary (Sb-12)
xi)
Fire Separations
xii)
Other drawings as required by the Chief Building Official
19.0
Plan of Survey
19.01 If required by the Chief Building Official, the applicant shall submit a copy of a
plan of survey certified by a Registered Ontario Land Surveyor to the Chief
Building Official to demonstrate compliance with the Act, the Building Code, or any
applicable law.
20.0
Site Plan
20.01 The owner and applicant shall ensure that site plans submitted to the Chief
Building Official demonstrate compliance with the Act, the Building Code, the
Township's Zoning By-Law, and any applicable law and shall contain the following
information:
i)
lot size, lot lines, lot dimensions and setbacks to the same from any existing or
proposed buildings;
ii)
the similarly dimensioned location of every other adjacent existing building on
the property;
iii)
applicable grading, lot drainage and stormwater management;
iv)
existing right-of-ways, easements, municipal services, private services
(including septic and well), hydro;
v)
driveway location and dimensions, and
vi)
any other information as may be required by the Chief Building Official.
21.0
As Constructed Plans
21.01 On completion of the construction of the building, if required by the Chief Building
Official, the owner or applicant shall submit to the Chief Building Official a set of
as-constructed plans for the work, including a plan of survey showing the location
of the building.
22.0
Plans Property of the Township of Killaloe, Hagarty and Richards
22.01 Plans and specifications furnished in accordance with the Township's requirements
of this by-law or otherwise required by the Act become the property of the
Township of Killaloe, Hagarty and Richards and shall be retained in accordance
with the relevant legislation and the Township's Records Retention By-Law, as
amended. Notice is hereby given that such plans, specifications, and under records
may be disclosed pursuant to the Municipal Freedom of Information and Protection
of Privacy Act.
23.0
Deviations from Plans and Specifications
23.01 No person shall make a material change or cause a material change to be made to
a plan, specification, document or other information on the basis of which a permit
was issued without first notifying, filling details and obtaining the authorization of
the Chief Building Official.
24.0
Equivalents and Alternative Solutions
24.01 Where a request 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 equivalent or alternative material, system or building design
for which authorization under Section 8 of the Act is requested, the following
information shall be provided by the owner to the Chief Building Official;
i)
a description of the proposed material, system or building design for which
authorization is requested;
ii)
any applicable provisions of the Building Code; and
iii)
evidence that the proposed material, system or building design will provide the
level or performance required by the Building Code.
Part 5
Prescribed Notices and Inspections
25.0
Notice at Each Stage
25.01 The permit holder shall notify the Chief Building Official or a Registered Code
Agency, where one is appointed, of each stage of construction for which a notice
is required under Division C, Article 1.3.5.1. and Division C, Article 1.3.5.2. of the
Building Code.
26.0
Inspections
26.01 Upon receipt of proper notice, the Chief Building Official, Inspector or Registered
Code Agency, where one is appointed, shall undertake a site inspection of the
building to which the notice relates in accordance with the prescribed time periods
set out in Division C, Article 1.3.5.3. of the Building Code.
27.0
Required Inspections
27.01 The following inspections are required under this By-Law unless otherwise
stipulated by the Chief Building Official:
i)
Excavation, underside of footing
ii)
Footings prior to pouring
iii)
Foundation, piers, posts, etc prior to pouring
iv)
Foundation prior to backfill (damp proofing, water proofing, drainage layer,
drainage tile, granular layer)
v)
Underground Plumbing
vi)
Framing
vii) Windows/Doors
viii) Plumbing Rough-In
ix)
Mechanical
x)
Insulation/Vapor/Air Barrier Systems
xi)
Occupancy - which includes final interior/exterior, final grading, completion of
all aspects of the structure for which the permit was issued
xii) Other notices as may be required by the Chief Building Official
27.02 At each stage of construction specified in Section 27.01 and the Code, the permit
holder or authorized agent shall notify the Chief Building Official or Inspector that
the construction is ready to be inspected.
28.0
Notice of Completion
28.01 Except as authorized by the Building Code, a person shall not occupy or use a part
of a building that is newly erected or installed or permit it to be occupied or used
until the Chief Building Official has provided authorization.
28.02 It is the sole duty of the permit holder to provide notice of completion as
prescribed by the Act.
Part 6
Revocation
29.0
Revocation of Permits
29.01 The Chief Building Official, subject to the provisions outlined in subsection 8(10) of
the Act, as amended, may revoke a permit issued under the Act pursuant the
following:
i)
Prior to revoking a permit under the Act, the Chief Building Official shall serve
the permit holder or cause the permit holder to be served with written notice of
his or her intention to revoke the permit.
ii)
Notice under section 29.01(i) may be served personally, by email to the last
known email address of the person to whom service is required to be made or
by registered mail sent to the last known address of the person to whom notice
is to be given or to that person's agent for service.
iii)
Where notice is served by registered mail, the service shall be deemed to have
been made on the fifth day after the day of mailing unless the person to whom
the notice or order is given or that person's agent for service establishes that,
acting in good faith, through absence, accident, illness or other unintentional
cause the notice was not received until a later date.
iv)
Where notice has been served by email, the service shall be deemed to have
been made on the day of sending unless,
a.
The document was sent after 5 P.M., which case service shall be deemed
to have been made on the following day; or
b.
The person to whom the notice or order is given or that person's agent
for service establishes that, acting in good faith, through absence,
accident, illness or other unintentional cause, the notice was not received
until a later date.
29.02 If on the expiration of thirty (30) days from the date of service of the notice of
intention to revoke the permit described in section 29.01 of this by-law, and the
ground for revocation continues to exist as determined by the Chief Building
Official, the Chief Building Official may revoke the permit without further notice to
the permit holder.
30.0
Request for Deferral
30.01 A permit holder may, within thirty (30) days from the date of service of the notice
described in Section 29 of this by-law, request in writing that the Chief Building
Official defer the revocation by providing reasons why the permit should not be
revoked.
31.0
Deferral of Revocation
31.01 The Chief Building Official having regard to the changes in the Act, Building Code
or any applicable law may allow the deferral of the revocation at their discretion.
Part 7
Fees and Refunds
32.0
Fees Payable
32.01 The Chief Building Official shall calculate the required fees for the work proposed
in accordance with the User Fees and Charges By-Law, as amended, and the
owner shall pay such fees upon issuance of a permit.
32.02 A refundable deposit shall accompany the fees payable in section 32.01 with each
application, as per the User Fees and Charges Bylaw, unless otherwise authorized
by the Chief Building Official. Where multiple classes of permit are incorporated in
the same permit (EX: dwelling with an attached deck), the deposit with the higher
value shall be the deposit amount utilized for the purposes of calculating the
permit deposit total.
33.0
Calculation of Fees
33.01 Where the fees payable in respect of an application for a construction permit
issued under Subsection 8(1) of the Act or a conditional permit issued 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 and all basement areas, measured as the
horizontal area between the outside face of the exterior walls of the building. In
the case of a cantilevered or otherwise projecting floor system, floor area shall be
calculated to the outermost edge of the floor assembly. In the case where a roof
structure is supported by posts, such as a covered porch or pole shed, the outside
edge of the outermost posts shall be considered the exterior wall for the purposes
of square footage calculation. Where an application is made for a conditional
permit, the fees shall be paid for the conditional permit, in addition to, fees
applicable to the permit for the complete project.
33.02 Any person who replaces a building or part thereof that has been destroyed by fire
or natural disaster with a building of the same type and size, is exempt from the
building/demolition permit fee, provided that the application for the
building/demolition permit is made within two years of the date of the fire or
natural disaster. If the new building, or part thereof, is larger that the building or
part thereof that was destroyed by fire or natural disaster, the area of the
destroyed building shall be subtracted from the area of the new building, and the
building permit fee shall be charged on the new area. What is a 'natural disaster'
for the purposes of this section shall be determined by the Chief Building Official in
their sole and absolute discretion acting reasonably. Evidence shall also be
provided to the satisfaction of the Chief Building Official for the purposes of
determining the damage and subsequent remedial work that resulted directly from
the fire or natural disaster.
34.0
Additional Fees
34.01 Any person who commences construction, demolition or changes the use of a
building or part thereof prior to the issuance of a permit to construct, demolish or
change the use of a building or part thereof shall, in addition to any other penalty
imposed the Act or Building Code, pay a non-refundable administrative surcharge
of double the permit fee, as per the User Fees and Charges By-Law, as amended.
34.02 To offset additional administrative costs associated with the investigation,
inspection and administering of Orders issued pursuant to Sections 12,13,14,
15.9(4), 15.10(1), 15.9(6) and 18 of the Act., a fee shall be paid for each Order
issued as prescribed in the User Fees and Charges Bylaw, as amended.
34.03 Should the Chief Building Official issue an Order under Section 12,13,14, 15.9(4),
15.9(6), 15.10(1) or 18 of the Act, any and all costs incurred by the Township
associated with the registration and/or discharge of any orders on property title
through the Land Registry Office, pursuant to the Act shall be subject to full cost
recovery fees as per the User Fees and Charges By-Law, as amended.
34.04 The surcharges outlined in Section 34.01 through to 34.03 of this By-Law shall not
relieve any individual or corporate entity from complying with the Building Code,
and other applicable law, or from any penalty prescribed by the Act, for
commencing construction
34.05 Without limiting any other provision of this By-Law providing for fees; additional
inspection fees, as prescribed in Schedule "D" of the User Fees and Charges By-
Law, shall apply and shall be paid prior to each inspection being undertaken on
any Building where:
i)
Additional inspections are required due to construction not being substantially
completed as required for inspection, construction is incomplete or construction
is not in compliance with the Building Code;
ii)
The Chief Building Official is required to re-inspect outstanding items that have
been completed or corrected in respect to deficiencies from a previous
inspection for the same; and
iii)
The Work Site is determined to be unsafe, according to the Occupational Health
and Safety Act, R.S.O. c.0.1 or the Chief Building Official, for him/her to carry
out their duties.
35.0
Refunds
35.01 The Chief Building Official, at their discretion, may issue a partial or full refund of
the fees paid in Section 32, where:
i)
The applicant or permit holder withdraws, in writing, an application for a permit,
or requests for an issued permit to be revoked;
ii)
An application is deemed to have been abandoned in accordance with Section
14 of this By-Law;
iii)
The Chief Building Official refuses to issue a Permit for which an application and
payment has been made; or
iv)
The Chief Building Official revokes a permit after it has been issued.
35.02 The fees that may be refunded shall be a percentage of the fees payable as
follows:
i)
Ninety (90%) percent if application is filed and no processing or review
functions have been performed.
ii)
Eighty (80%) percent if administrative and zoning functions have been
performed.
iii)
Fifty (50%) percent if administrative, zoning and plans examination functions
have been performed.
iv)
Forty (40%) percent if the permit has been issued and no field inspections have
been performed subsequent to permit issuance.
v)
$40.00 shall be additionally deducted for each field inspection that has been
performed after the permit has been issued.
vi)
No refund shall be issued for an application deemed to have been abandoned
by the Chief Building Official as per Section 14 of this By-Law.
vii) No refund shall be issued for a permit in which construction or demolition of the
building has commenced, but in the opinion of the Chief Building Official, has
been substantially suspended or discontinued for a period of more than one
year.
35.03 Upon successful completion or final occupancy of a building permit, as authorized
by the Chief Building Official, the building permit deposit shall be returned to the
permit holder.
35.04 Notwithstanding subsection 35.01(i-iv) and 35.02(i-v), building permit deposits
shall be refunded at their full value to the permit holder.
35.05 In the case of a permit which has been subject to a transfer to a new permit
holder as per Section 15 of this by-law, the applicable refundable fees and
deposits shall be returned to the new permit holder.
Part 8
General
36.0
Offences
36.01 Any person who contravenes any provision of this by-law is guilty of an offence.
pursuant to and shall, upon conviction be liable to payment of a fine as
provided for under the Provincial Offences Act R.S.O. 1990, c. P.33 or the
Act as applicable.
37.0
Collection
37.01 In addition to any penalties imposed through prosecution of an offence pursuant
to this By-Law, or the Act, the Township is entitled to use all legal means at its
disposal to collect the fees applicable, pursuant to the by-law, and to recover its
costs if remedial action is taken. All collection methods lawfully applicable may be
relied upon. An amount owing to the Township for a payment or charge pursuant
to this By-law, may be to the tax roll to a property of a property owner liable for
the payment or charge and collected in the same manner as taxes together with
interest thereon at the same rate as payable on unpaid taxes.
38.0
Documents On-Site
38.01 During the duration of the work, the permit holder shall:
xiii) Post, in a conspicuous place on the property in respect to which the permit was
issued, a copy of the permit; and
xiv) Have a copy of the drawings and specifications for which formed the basis of
the issuance of the permit and ensure that those documents are readily
available for the inspector on-site unless indicated otherwise by the inspector.
39.0
Registered Code Agencies
39.01 The Chief Building Official is authorized to negotiate and execute service
agreements with a Registered Code Agency (RCA) to perform specified functions
pursuant to section 4.1 of the Act, provided that the RCA meets all requirements
of the Act.
39.02 Agreements with the RCA shall be in writing and contain all prescribed
requirements to the meet the Act and Building Code, including, without limiting
the generality of the foregoing; those related to plan examination, inspections,
issuing or orders, termination of appointments, record keeping, information
sharing and operational policies.
39.03 Fees for RCAs shall be specified in the written agreement and shall be based on a
cost for service of each project, including any reduction in fees, as per section 7(3)
of the Act, and the RCA shall detail the list of services in the agreement.
39.04 RCAs shall provide other necessary documents and/or services, as determined by
the Chief Building Official.
40.0
Forms
40.01 Forms prescribed for use as applications for permits, orders and administrative
matters shall be as set out by the Chief Building Official from time to time.
41.0
Code of Conduct
41.01 The Chief Building Official and all inspectors appointed by the Council of the
Township of Killaloe, Hagarty and Richards shall abide by a Code of Conduct as
described in Section 7.1(1) of the Building Code Act, 1992, S.O. 1992 c.23 as
amended, and forming a part of this bylaw attached as Schedule "B".
41.02 A complaint of breach of such Code of Conduct shall be submitted in writing,
detailing the concerns, to the CAO/Clerk of the Township.
42.0
Repeal
42.01 By-Law No. 18-2021 entitled 'A By-law respecting construction, demolition and
change of use permits and inspections' is hereby repealed and replaced with this
by-law.
43.0
Effective Date
43.01 This by-law shall come into force and effect on the date of passing.
READ A FIRST, SECOND and THIRD TIME and FINALLY PASSED THIS 7th DAY OF JULY
2026.
___________________________
___________________________________
Mayor - Dave Mayville
CAO/Clerk - Tammy Gorgerat
Schedule "A"
to By-Law No. 42 - 2026
APPLICATION TO TRANSFER A BUILDING PERMIT
Building Permit No:__________________________________________________
Original Applicant Name:_____________________________________________
Address:__________________________________________________________
Permit Transferred To:
_________________________________________________________________
(Name)
_________________________________________________________________
(Address)
Phone No. (Home)________________
Email____________________________
I, the undersigned, understand that the transfer of a Permit shall not be deemed to be
a waiver of any of the provisions of any by-law or requirements under the Building Code
Act, or Regulations made thereunder, notwithstanding anything included in or omitted
from the plans or other materials filed in support of or in connection with the Building
Permit.
I acknowledge that in the event that the permit is transferred, any changes to plans or
specifications filed for the Building Permit, is prohibited, unless first authorized by the
Chief Building Official, and such changes could result I an Order to Comply, and/or a
charge being preferred, and a summons issued by the Provincial Court.
I acknowledge that in the event that the Chief Building Official or the Township of
Killaloe, Hagarty and Richards seeks to enforce the provisions of the Building Code, its
Regulations, or this by-law, with respect to the work to be done pursuant to the permit,
I shall be responsible for compliance.
Date
Signature (Original Applicant)
Date
Signature (New Owner)
Date
Signature (Chief Building Official)
Schedule "B"
To By-Law No. 41 - 2026
Township of Killaloe, Hagarty and Richards
Code of Conduct for Building Officials
The Code of Conduct applies to the Chief Building Official and inspectors appointed
under the Building Code Act in the exercise of a power or the performance of a duty
under the Building Code Act or the Building Code. The purpose of this Code is to
promote appropriate standards of behavior and enforcement actions to ensure building
officials apply standards of honesty and integrity, and to prevent practices constituting
an abuse of power including unethical or illegal practices.
Standards of Conduct
Building Officials undertake to:
1. Always act in the public interest, particularly with regard to the safety of building
works and structures.
2. Not to act where there may be or where there may reasonably appear to be a
conflict between their duties to their employer, their profession, their peers and
the public at large and their personal interests.
3. Apply all relevant building by-laws, codes and standards appropriately and without
favour.
4. Perform their inspections and plan examination duties impartially and in
accordance with the highest professional standards.
5. At all times abide by the highest moral and ethical standards and avoiding any
conduct, which could bring or tend to bring Building Officials into disrepute.
6. Comply with the provisions of the Building Code Act, the Ontario Building Code
and other Acts or laws which regulate or govern Building Officials or their
functions.
7. Not to act beyond their personal level of competence or outside their area of
expertise.
8. Maintain current accreditation to act as an Ontario Building Official.
9. Maintain their knowledge and understanding of the best current building practices,
the building laws and Codes relevant to their inspection and plan examination
function.
10. Extend professional courtesy to all.
Breaches of the Code of Conduct
The Ontario Building Code Act provides that the performance of Building Officials will be
measured against this Code of Conduct. The municipal administration will review any
allegations brought forward that the Code of Conduct has been breached. Disciplinary
action arising from violations of this Code of Conduct is the responsibility of the
Municipal employer and will be based on the severity and frequency of the violation in
accordance with relevant employment standards.