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THE CORPORATION OF THE TOWNSHIP OF LAIRD
By-Law No. 940-13
BEING a by-law to establish building permit fees to be charged and related matters.
THEREFORE the Council of the Corporation of the Township of Laird enacts as
follows:
1.
SHORT TITLE
This by-law may be cited as the "Building Permit By-law"
2.
DEFINITIONS AND WORD USAGE
In this By-law:
(A)
"ACT" means the Building Code Act, 1992 as amended
(B)
"APPLICANT" means 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 of the corporation
empowered by statute to cause the demolition of a building or
buildings and anyone acting under the authority of such person or
corporation
(C)
"BUILDING CODE" means the regulation made under Section 34 of
the Act
(D)
"CHIEF BUILDING OFFICIAL" means the Chief Building Official
appointed by Council under the Act.
(E)
"OWNER" means the registered owner of the land and includes a
lessee, mortgagee in possession and the person in charge of the
property.
(F)
"PERMIT" means permission or authorization given in writing by the
Chief Building Official to perform work regulated by the Act and
Building Code, or to occupy a building or part thereof.
(G)
"PERMIT HOLDER" means the person to whom the permit has
been issued and who assumes the primary responsibility for complying
with the Act and the Building Code.
(H)
Terms not defined in this By-law shall have the meaning ascribed to
them in the Act or the Building Code.
3.
CLASSES OF PERMITS
Classes of permits required for construction, demolition or change of use are
set forth in "Schedule A" appended to and forming part of this by-law.
4.
PERMITS
(A)
To obtain a permit, an applicant shall file an application in writing on
forms prescribed by and available from the Township Office or Chief
Building Official and shall supply any other information relating to the
application as required.
(B)
Every building permit application shall:
i.)
identify and described in detail the work, use and occupancy to
be covered by the permit for which the application is made;
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ii.)
identify and describe in detail the existing uses and the
proposed uses for which the premises are intended;
iii.)
describe the land on which the work is to be done, by a
description that will readily identify and locate the site on
which the building or demolition is to occur;
iv.)
be accompanied by plans and specifications as described in the
By-law;
v.)
be accompanied by the required fees as calculated in
accordance with Schedule "A";
vi.)
state the names, addresses and telephone numbers of the
owner, applicant, architect, engineer or other designer, and the
constructor or person hired to carry out the demolition as the
case may be;
vii.)
state estimated valuation of the proposed work including
material and labour; and when Section 2.3 of the Building
Code applies be accompanied by a signed acknowledgement of
the owner on a form prescribed by the Township Office or
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;
viii.)
when Section 2.3 of the Building Code applies be accompanied
by a signed statement of the architect or professional engineer,
or both, on a form prescribed by the Township Office or Chief
Building Official, undertaking to provide general review of the
construction or demolition of the building;
ix.)
state estimated valuation of the proposed work including
material and labour; and
x.)
be signed by the applicant who shall certify as to the truth of
the contents of the application
(C)
In addition to the requirements of section 4(B) above every demolition
permit application shall;
i.)
when Section 2.3 of the Building Code applies be accompanied
by structural design characteristics of building and the method
and time schedule of the demolition; and
ii.)
be accompanied by satisfactory proof that arrangements have
been made with the proper authorities for the termination and
capping of all the water, sewer, gas, electric, telephone or other
utilities and services.
(D)
In addition to the requirement of section 4(B) above, every
construction permit application for part of a building shall;
i.)
include all applications for the entire project; and
ii.)
include plans and specifications covering the part of the work
for which more expeditious approval is desired, together with
such information pertaining to the remainder of the work as
may be required by the Chief Building Official;
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(E)
In addition to the requirements of section 4(B) above every conditional
permit application for the construction of a building shall;
i.)
state the reasons why the applicant believes that unreasonable
delays in the construction would occur if a conditional permit
is not granted; and
iii.)
state necessary approvals which must be obtained in respect of
the proposed building and the time in which such approvals
will be obtained.
(F)
In addition to the applicable requirements of section 4(B) above, every
change of use permit application shall;
i.)
described the building or part thereof in which the occupancy is
to be changed; and
ii.)
include 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 Building Code including floor plans,
details of wall, floor and roof assemblies identifying required
fire resistance rating and load bearing capacities.
(G)
The Chief Building Official shall, where conditions in section 4(D)
above have been fulfilled, issue a permit for part of a building subject
to compliance with the Act, the Building Code and any applicable law.
(H)
The Chief Building Official may, where conditions in section 8(3) to
8(5) of the Act and section 4(E) above have been fulfilled, issue a
conditional permit for a building subject to compliance with the Act,
the Building Code and any applicable law.
(I)
The Chief Building Official shall not, by reason of the issuance of a
permit or permits for a part or parts of the building issued under
section 4(D) and 4(E) above be under any obligation to grant any
further permit or permits therefore.
(J)
Where an application for a permit remains incomplete or inactive for
six months after it is made, the application may be deemed by the
Chief Building Official to have been abandoned and notice thereof
shall be given to the applicant.
5.
PLANS AND SPECIFICATIONS
(A)
Every application shall furnish:
i.)
sufficient plans, specifications, documents, and other
information to enable the Chief Building Official to determine
whether the proposed construction, demolition, or change of
use conforms to the Act and the Building Code; and
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ii.)
a site plan referenced to a current plan of survey certified by a
registered Ontario Land Surveyor and a copy of such a survey
shall be filed with the municipality unless this requirement is
waived because the Chief Building Official 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, site plan will include:
a.
lot size and dimensions of property;
b.
setbacks from existing and proposed buildings to
property boundaries and to each other;
c.
existing and finished ground levels or grades; and
d.
existing rights of way, easements and municipal
services.
(B)
Plans submitted shall be legible and be drawn to scale upon paper or
other suitable and durable material.
(C)
The Chief Building Official shall determine the number of plans,
specifications, documents and other information required to be
furnished with an application for permit having regard for the
requirements of any Act, regulation or By-law respecting the
examination or circulation of the application.
(D)
On completion of the construction of a building, the Chief Building
Official may require a set of as constructed plans, including a plan of
survey drawing the location of the building.
(E)
Plans and specifications furnished according to this by law or
otherwise required by the Act became the property of the municipality
and will be disposed of or retained in accordance with relevant
legislation.
6.
FEES
(A)
The Township Office or Chief Building Official may determine the
required fees calculated in accordance with Schedule "A" for the work
proposed or completed, and the applicant shall pay such fees. No
permit shall be issued until the fees therefore have been paid in full.
(B)
Upon written request, the Chief Building Official shall determine the
amount of fees, if any, that may be refunded in accordance with
Schedule "A" in the case of:
i.)
withdrawal of an application
ii.)
abandonment of an application pursuant to section 4(J) above
iii.)
refusal to issue a permit, or
iv.)
request for revocation of a permit pursuant to Clause 8(10)(e)
of the Act.
(C)
Subject to section 7(A), there shall be no refund of permit fees where a
permit has been revoked.
(D)
Should a fee remain unpaid after 30 days, full amount shall be deemed
taxes and added to tax roll.
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7.
PERMIT REVOCATION, DEFERRAL, OF REVOCATION AND
TRANSFER
(A)
Revocation of permit
Prior to revoking a permit under Clauses 8(10)(b) and (c) of the Act,
the Chief Building Official shall give written notice of intention to
revoke to the permit holder at his last known address and, if on the
expiration of thirty (30) 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 may be
disposed of.
(B)
Deferral of Revocation
i.)
On receipt of a notice of intention to revoke a permit, a permit
holder may request in writing within thirty (30) days from the
date thereof the Chief Building Official to defer the revocation
of such permit.
ii.)
A request for deferral shall set out the reasons why the permit
should not be revoked and the date by which the work will be
commenced or resumed.
iii.)
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
iv.)
A request for deferral of revocation is subject to a fee in
accordance with Schedule "A"
(C)
Transfer of Permit
i.)
Permits are transferable only upon the new owner completing a
permit application to the requirements of section 4
ii.)
A fee, as prescribed in Schedule "A" shall be payable on a
transfer of permit by the new owner who shall thenceforth be
the permit holder for the purpose of the Act and the Building
Code.
8.
NOTIFICATIONS
(A)
Notice 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 three business days in advance of each stage
of construction specified therein.
(B)
A notice pursuant to this section is not effective until written or oral
notice is received by the Chief Building Official.
9.
SEVERABILITY
Should any section, subsection, clause or provisions of this By-law be
declared by a court of competent jurisdiction to be invalid, the same shall not
affect the validity of the By-law as a whole or any part thereof other than the
part so declared to be invalid.
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10.
REPEAL
By-law #820-04 is hereby repealed.
READ and passed in Open Council this 18th day of December, 2013
______________________
_______________________
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REFUNDS
STATUS OF APPLICATION
PERCENTAGE OF FEE
ELIGIBLE FOR REFUND
1.
Application filed. No
90%
processing or review
of plans submitted
2.
Application filed. Plans
70%
reviewed and permit issued.
3.
Additional deduction for each
10%
field inspection that had been
performed.
4.
Permits valued at less than $25.00.
0%
FORMS
Form 1)
Application for Building Permit (1)
Form 2)
Application for Conditional Permit (1)
Form 3)
Application for Demolition Permit (1)
Form 4)
Application for Change of Use Permit (1)
Form 5)
Site Plan
Form 6)
Building Permit (Various Classes if necessary) (2)
Form 7)
Conditional Permit (2) (3)
Form 8)
Demolition Permit (2)
Form 9)
Change of Use Permit (2)
Form 10)
Inspection Report
Form 11)
Orders (various types)
1.
May be included in a single combined application form for all permits.
2.
May use a single permit form.
3.
Building code requires that the conditional nature of this type of permit must
be indicated on the permit.
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SCHEDULE "A"
This is Schedule "A" to By-law #940-13
Classes of Permits and Permit Fees
1.
CLASS OF PERMIT
PERMIT FEE
a)
To construct or renovate a Building
i)
with a residential construction value of
$25.00
less than $1,000.00.
ii)
with a residential construction value of
$30.00 plus $5.00 for
each $1,000 or more
$1,000.00 of value or
portion thereof
iii)
with a commercial construction value of
$40.00
less than $1,000.00
iv)
with a commercial construction value of
$50.00 plus $5.00 for
each $1,000.00 or more
$1,000.00 of value or
portion thereof.
b)
To move a building.
$45.00
c)
To demolish a building
$40.00
d)
To authorize occupancy of a building
$50.00
(when required)
e)
Partial permit
25% of Total Permit Fee
f)
Conditional permit
25% of Total Permit Fee
g)
Change of use permit
$75.00
2. Where building permit fees are based on the value of the proposed work, such
valuation shall be based on the following;
a)
construction of outbuildings,
(sheds, garages, farm buildings etc.)
i)
interior unfinished
$25.00 per sq. ft.
ii)
interior finished
40.00 per sq. ft.
iii)
second floor (garage, etc.)
20.00 per sq. ft.
iv)
tarp type buildings
15.00 per sq. ft.
b)
construction of decks, patios, landings
i)
uncovered
$25.00 per sq. ft.
ii)
covered
35.00 per sq. ft.
c)
construction of carports
35.00 per sq. ft.
d)
construction of :
i) house, basement
$45.00 per sq. ft.
ii) house, first floor
135.00 per sq. ft.
iii) house, second floor
60.00 per sq. ft.
iv)
house, story and one-half
130.00 per sq. ft.
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e)
commercial buildings
$90.00 per sq. ft.
f)
industrial buildings
$90.00 per sq. ft.
g)
Renovation of:
i) house exterior
$5.00 per sq. ft.
ii) house interior
10.00 per sq. ft.
h)
installation of solar panels
$50.00 per sq ft.
i)
roofing with one free load to disposal site
$60.00 per permit
(permit number to be used at waste disposal site)
Note: Commercial & Industrial rates may be determined by consultation with the
Chief Building Official, Council and the Sault Ste. Marie Building
Department.
3.
The determination of whether a permit is required and what class of permit is
required is at the discretion of the Chief Building Official.
4. The building permit fee for any building or work begun prior to the issuance of a
building permit for such building or work shall be double (i.e. 2 times) the regular
permit fee.
5. Any project $500,000.00 and over will have the fee set by Council and the Chief
Building Official.
List of Plans or Working Drawing to Accompany Applications for Permits
1.
The Site Plan
2.
Floor Plans
3.
Foundation Plans
4.
Framing Plans (Architectural Designed Homes)
5.
Roof Plans (Pre-Engineered Trusses)
6.
Reflected Ceiling Plans (Architect, Designed Homes)
7.
Sections and Details
8.
Building Elevations
9.
Electrical Drawings (if asked for)
10.
Heating, Ventilation and Air Conditioning Drawings (if asked for)
11.
Plumbing Drawings (if asked for)
Note: The Chief Building Official may specify that not all the above-mentioned
plans are required to accompany an application for a permit.