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THE CORPORATION OF THE TOWN OF KIRKLAND LAKE
BY-LAW NUMBER 22-060
BEING A BY-LAW UNDER THE BUILDING CODE ACT, RESPECTING
CONSTRUCTION, DEMOLITION, PLUMBING, CHANGE OF USE PERMITS AND
INSPECTIONS
WHEREAS Section 7(1) of the Building Code Act, 1992, S.O. 1992, c.23, as amended,
authorizes Council to pass certain by-laws respecting construction, demolition, plumbing
and change of use permits, inspections and related matters;
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION
OF THE TOWN OF KIRKLAND LAKE ENACTS AS FOLLOWS:
BY-LAW TABLE OF CONTENTS
Part 1 - General Provisions
Section 1.1: Short Title ....................................................................................... 2
Section 1.2: Scope ............................................................................................. 2
Section 1.3: Enforcement ................................................................................... 2
Section 1.4: Conflicts with other By-laws ............................................................ 2
Part 2 - Definitions ..............................................................................2-4
Part 3 - Classes of Permits
Section 3.1: Administration ................................................................................. 4
Section 3.2: Permits Issued Under the Building Code Act .................................. 4
Section 3.3: Permits Issued Under Municipal by-laws ........................................ 4
Part 4 - Requirements for Applications
Section 4.1: Submitting an Application .............................................................. 4
Section 4.2: Alternative Solution ........................................................................ 5
Section 4.3: Plans and Specifications ................................................................. 6
Part 5 - Permit Fees
Section 5.1: Complete Application ...................................................................... 6
Section 5.2: Value of Proposed Work ................................................................. 6
Section 5.3: Construction Commencing without Permit Approval ....................... 6
Section 5.4: Refunds .......................................................................................... 6
Part 6 - Permit Administration
Section 6.1: Permit Retention ............................................................................. 7
Section 6.2: Historical Permits ........................................................................... 7
Section 6.3: Transfer of Permits ......................................................................... 7
Section 6.4: Abandoned Permit Applications ...................................................... 7
Section 6.5: Cancelled Permits ........................................................................... 7
BY-LAW NUMBER 22-060 - BUILDING BY-LAW
The Corporation of the Town of Kirkland Lake
Page 2 of 9
Part 7 - Inspections
Section 7.1: Notice ............................................................................................. 8
Section 7.2: Representative on Site ................................................................... 8
Part 8 - Enactment
Section 8.1: By-law Coming into Force ............................................................... 8
Schedule A - Refunds ........................................................................... 9
PART 1 - GENERAL PROVISIONS
1.1
Short Title
1.1.1. This By-law shall be cited as the "Building By-law".
1.2
Adoption of the Ontario Building Code
1.2.1. The Ontario Building Code is hereby adopted and shall apply to all
buildings, structures, plumbing or matters in the Town of Kirkland Lake as
regulated by the provisions of the Ontario Building Code.
1.3
Scope
1.3.1. The provisions of this By-law shall apply to all property within the geographic
limits of the Town, except where otherwise provided.
1.4
Conflicts with Other By-laws
1.4.1. Where provisions of the By-law conflict with a provision of another By-law
in force in the Town, the provisions that establish the higher standard in
terms of protecting the health, safety and welfare of the general public and
the environmental well-being of the municipality, shall prevail to the extent
of the conflict.
PART 2 - DEFINITIONS
Definitions of words and phrases used in this By-law that are not included in the list of
definitions in this Part shall have the meanings which are commonly assigned to them in
the context in which they are used in this By-law.
The words and phrases defined in this section have the following meaning for the
purposes of this By-law:
2.1
Act
Shall mean the Building Code Act, 1992, S.O. 1992, c.23, as amended.
2.2
Applicable Law
Shall mean the laws applicable to permit approvals as defined in Division A, 1.4.1.3. of
the Building Code.
2.3
Applicant
BY-LAW NUMBER 22-060 - BUILDING BY-LAW
The Corporation of the Town of Kirkland Lake
Page 3 of 9
Shall mean the owner of a building or property who applies for a permit or any person
authorized by the owner to apply for a permit on the owners' 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.
2.4
Architect
Shall mean an architect as defined in Division A, Article 1.4.1.2 of the Building Code.
2.5
As Constructed Plans
Shall mean as constructed plans as defined in Division A, Article 1.4.1.2 of the Building
Code.
2.6
Building
Shall mean a building as defined in Section 1 (1) of the Act.
2.7
Building Code
Shall mean the regulations made under Section 34 of the Act.
2.8
Chief Building Official
Shall mean the Chief Building Official appointed by Council under section 3 of the Act for
the purpose of enforcement of the Act.
2.9
Designer
Shall mean the person responsible for the design.
2.10 Farm Building
Shall mean a farm building as defined in Division A, Article 1.4.1.2 of the Building Code.
2.11 Inspector
Shall mean an inspector appointed under section 3 of the Act.
2.12 Permit
Shall mean written permission or written authorization from the Chief Building Official to
perform work regulated by this by-law and the Act.
2.13 Permit Holder
Shall mean the owner to whom a permit has been issued or, where a permit has been
transferred, the new owner to whom the permit has been transferred.
2.14 Professional Engineer
Shall mean a professional engineer as defined in Division A, Article 1.4.1.2 of the Building
Code.
2.15 Town
Shall mean The Corporation of The Town of Kirkland Lake.
BY-LAW NUMBER 22-060 - BUILDING BY-LAW
The Corporation of the Town of Kirkland Lake
Page 4 of 9
2.16 Valuation of Proposed Work
Shall mean completed value of all construction or work related to the building, including
all finishes, roofing, electrical, plumbing, drains, heating, air-conditioning, fire
extinguishing systems, elevators and any other equipment and all materials, overhead,
professional and related services, current monetary worth of all contributed labour and an
evaluation of work by own forces.
PART 3 - CLASSES OF PERMITS
3.1
Administration
3.1.1. In all cases, the issuance of permits is based on criteria set out in section 8
of the Building Code Act, 1992, S.O. 1992 c.25 as amended, or the
governing By-law within the Municipality.
3.2
Permits Issued under the Building Code Act
3.2.1. Building permit
3.2.2. Demolition permit
3.2.3. Change of use permit
3.2.4. Occupancy permit
3.3.
Permits Issued under Municipal By-laws
3.3.1. Fence permit
3.3.2. Pool permit
3.3.3. Sign permit
PART 4 - REQUIREMENTS FOR APPLICATIONS
4.1
Submitting an Application
4.1.1. 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 available
at the office of the Chief Building Official.
4.1.2. Every application for a building permit under subsection 8(1) of the Act, shall
contain the following information unless otherwise permitted by the Chief
Building Official:
4.1.2.a.
the details of the work and occupancy to be covered by the
permit for which application is made. The Chief Building
Official or their designate reserves the right to request the
information in the form of a building matrix;
4.1.2.b.
the address of the land on which the work is to be done, or a
description that will readily identify and locate the building lot;
4.1.2.c.
the complete plans and specifications as described in Part 5
of this By-law for the work to be covered by the permit;
BY-LAW NUMBER 22-060 - BUILDING BY-LAW
The Corporation of the Town of Kirkland Lake
Page 5 of 9
4.1.2.d.
the use(s) and proposed use(s) for which the premises are
intended and for all parts of the building;
4.1.2.e.
the estimated value of proposed work and the area of
proposed work;
4.1.2.f.
the names, addresses and contact information of the owner,
architect, engineer, or designer, where applicable, or builder;
4.1.2.g.
a commitment to review by a qualified professional, if required
by the Ontario Building Code;
4.1.2.h.
the signature of the applicant certifying the truthful nature of
the contents of the application.
4.1.3. Every application for a demolition permit under subsection 8(1) of the Act,
shall contain the following information unless otherwise permitted by the
Chief Building Official:
4.1.3.a.
the application information required by subsection 4.1.2. of
this By-law;
4.1.3.b.
when required by Ontario Building Code, retain a professional
engineer to undertake a general review of the project during
demolition. The retained professional shall include any and all
necessary structural design characteristics of the building and
the method and time of the demolition;
4.1.3.c.
when requested, 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.
4.1.4. Every application for a change of use permit under subsection 10(1) of the
Act shall contain the following information unless otherwise permitted by the
Chief Building Official:
4.1.4.a.
the application information required by subsection 4.1.2. of
this By-law;
4.1.4.b.
a description of the building, or part thereof, in which the
occupancy is proposed to be changed;
4.1.4.c.
a description of the current and proposed occupancies of the
building, or part thereof, proposed to be changed. Detail the
occupancy change with a building matrix;
4.1.4.d.
plans and specifications which show the current and proposed
occupancy of all parts of the building and which contain
sufficient information to establish compliance with the
requirements of the Ontario Building Code.
4.2
Alternative Solution
4.2.1. Where an applicant for a permit proposes an alternative solution to achieve
compliance with the Ontario Building Code, the applicant shall submit
supporting documentation in support of their alternative solution.
BY-LAW NUMBER 22-060 - BUILDING BY-LAW
The Corporation of the Town of Kirkland Lake
Page 6 of 9
4.3
Plans and Specifications
4.3.1. 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 Ontario Building Code, and any other applicable law.
4.3.2. Plans shall be drawn to scale, and shall be legible.
4.3.3. A site plan shall show:
4.3.3.a.
the lot size and dimensions of property lines and setbacks to
any existing or proposed buildings;
4.3.3.b.
existing right-of-ways, easements, or municipal services.
PART 5 - PERMIT FEES
5.1
Complete Application
5.1.1. An application for permit is not considered completed as per the Act until
permit fees are paid. Therefore fees are due and payable upon submission
of an application for a permit. All permit fees shall be as set out in the Town
of Kirkland Lake User Fee By-law, as amended.
5.2
Value of Proposed Work
5.2.1. Where the permit fees are dependent on the estimated value of proposed
work, the estimated value of proposed work shall mean the total cost of all
material, labour, equipment, overhead and professional and related
services.
5.2.2. Where the estimated value of the proposed work is in dispute, the Chief
Building Official may place a valuation on the proposed work for the purpose
of establishing the permit fee. The applicant shall pay the required fee under
protest and, within six months of the completion of the project, shall
submitted an audited statement of the actual costs. Where the audited costs
are determined to be less than the estimated value of proposed work, the
Chief Building Official shall issue a refund appropriate to the difference in
permit fee value.
5.3
Construction Commencing without Permit Approval
5.3.1. The Chief Building Official has the discretion to impose a penalty for any
class of permit if construction has commenced prior to the issuance of a
permit.
5.3.2. The penalty referenced in 5.3.1. shall be in keeping with the Town's User
Fee By-law as amended.
5.4
Refunds
5.4.1. Permits which have been declared abandoned, suspended, discontinued,
or cancelled may be subject to a refund in accordance to Schedule "A" of
this By-law.
BY-LAW NUMBER 22-060 - BUILDING BY-LAW
The Corporation of the Town of Kirkland Lake
Page 7 of 9
5.4.2. In the case of withdrawal of an application or the abandonment of all or a
portion of the work or the non-commencement of any project, the Chief
Building Official shall determine the amount of the paid permit fees that may
be refunded to the applicant, if any, in accordance with Schedule "A" of this
By-law.
PART 6 - PERMIT ADMINISTRATION
6.1
Permit Retention
6.1.1. The Town shall endeavor to maintain a copy, electronic or otherwise, of all
issued permits and associated documents.
6.1.2. The Town shall endeavor to maintain a record, electronic or otherwise, or
all inspection reports relating to issued permits.
6.1.3. All retained information relating to permits shall be organized and retained
in a system deemed sufficient by the Chief Building Official.
6.2
Historical Permits
6.2.1. Permits issued prior more than five (5) years prior to the passing of this By-
law shall be deemed closed unless otherwise shown to be ongoing.
6.3
Transfer of Permits
6.3.1. If the owner of the land changes after a permit has been issued, the permit
may be transferred to the new owner (the "transferee") of the lands where
an application is filed with the Town in writing, and shall include the following
information:
6.3.1.a.
proof of ownership of the lands by the transferee satisfactory
to the Chief Building Official.
6.3.1.b.
confirmation that the work to be done and the existing and
proposed use and occupancy of the building or part thereof,
for which the application for the transfer of the permit is made,
is the same as that identified and described in the application
of the permit.
6.3.1.c.
the contact information, and address of the transferee.
6.4
Abandoned Permit Applications
6.4.1. An application for a permit shall be deemed to have been abandoned by the
applicant where the application is incomplete, and remains incomplete for a
period greater than twelve months.
6.4.2. Where a permit is deemed abandoned, a new permit must be applied for
before conducting the proposed work.
6.5
Cancelled Permits
6.5.1. Permits which have been cancelled will require the owner to submit a new
application with permit fees prior to obtaining a new permit to start or restart
work.
BY-LAW NUMBER 22-060 - BUILDING BY-LAW
The Corporation of the Town of Kirkland Lake
Page 8 of 9
PART 7 - INSPECTIONS
7.1
Notice
7.1.1. The owner or their authorized agent shall notify the Chief Building Official a
minimum of two (2) business days prior to each state of construction
requiring inspection under Ontario Building Code Division C Subsection
1.3.5.
7.2
Representative on Site
7.2.1. The owner or a representative of the owner shall be on site when required
by the Chief Building Official for an inspection.
PART 8 - ENACTMENT
8.1
By-law Coming Into Force
8.1.1. This By-law shall come into force and effect upon the date of passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY
OF AUGUST, 2022.
Pat Kiely, Mayor
Jennifer Montreuil, Municipal Clerk
BY-LAW NUMBER 22-060 - BUILDING BY-LAW
The Corporation of the Town of Kirkland Lake
Page 9 of 9
SCHEDULE 'A' TO BY-LAW 22-060
REFUNDS
All revoked or cancelled permits are subject to a minimum non-refundable administration
fee of $200.00. Any refunds will be based on the original amount paid less the
administration fee. The remaining amount will be refunded as per this Schedule.
Status
Refund Percentage
Complete application filed
80%
Complete application reviewed
60%
Permit Issued
40%
(Additional deduction per inspection performed of 10%)
Failing to commence construction
within 6 months
0%
Suspended or discontinued construction
for a 12-month period
0%