This is the exact embedded text of the captured official document.
Snapshot a7f787dee84a · verified 2026-09-25 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1
THE CORPORATION OF
LOYALIST TOWNSHIP
BY-LAW NO. 2022-054
A BY-LAW RESPECTING BUILDING, DEMOLITION,CHANGE OF USE,
PERMITS AND RELATED FEES
WHEREAS Section 7 of the Building Code Act, 1992, as amended, permits the
municipality to pass by-laws respecting construction, demolition and change of use
permits and inspections;
AND WHEREAS Section 3(1) of the Building Code Act, 1992, as amended, provides
that the council of each municipality is responsible for the enforcement of this Act in
the municipality;
AND WHEREAS Section 3(2) of the Building Code Act, 1992, as amended, provides
that the council of each municipality shall appoint a Chief Building Official and such
inspectors as are necessary for the enforcement of the Act in the areas in which the
municipality has jurisdiction;
AND WHEREAS Section 391 of the Municipal Act, 2001, as amended, provides that a
municipality may pass by-laws imposing fees or charges on any class of persons for
services provided by the municipality;
NOW THEREFORE the Council of The Corporation of Loyalist Township hereby
ENACTS the following:
1.0
DEFINITIONS AND INTERPRETATION
1.1
DEFINITIONS
In this by-law,
"Act" means the Building Code Act, 1992, S.O. 1992, Chap. 23 including
amendments thereto;
"Applicable Law" has the same meaning as Article 1.4.1.3 of Division A of
Ontario Regulation 332/12, as amended from time to time;
"Alternative Solution" has the same meaning as Article 1.4.1.3 of Division A of
Ontario Regulation 332/12, as amended from time to time;
"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
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 a person or corporation;
"As constructed plans" means construction plans and specifications showing a
building as it has been constructed together with its location by reference to the
limits of the property upon which it has been constructed;
"Building" means:
2
(a)
A structure occupying an area greater than ten square metres
consisting of a wall, roof and floor or any of them or a structural
system serving the function thereof including all plumbing, works,
fixtures and service systems appurtenant thereto,
(b)
a structure occupying an area of ten square metres or less that
contains plumbing, including the plumbing appurtenant thereto,
(c)
plumbing not located in a structure,
(d)
a sewage system; or
(e)
structures designated in the Building Code;
"Building Code" means the regulations made under Section 34 of the Act;
"Chief Building Official" means the Chief Building Official appointed by by-law
of the Municipality for the purposes of enforcement of the Act;
"Construct" means to do anything in the erection, installation, extension or
material alteration or repair of a building and includes the installation of a
building unit fabricated or moved from elsewhere and "construction" has a
corresponding meaning;
"Demolish" means to do anything in the removal of a building or any
material part thereof and "demolition" has a corresponding meaning;
"Gross floor area" means the total area of all floors above and below grade
measured between the outside surfaces of exterior walls and the center line of
firewalls.
"Inspector" means an inspector appointed by by-law of the Municipality for the
purposes of enforcement of the Act;
"Municipality" means The Corporation of Loyalist Township;
"Owner" in connection with a property means the registered owner of
the property, a lessee, or a mortgage in possession;
"Permit" means permission or authorization in writing from the Chief Building
Official to perform work regulated by the Act and the Building Code 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;
"Property" means real property located within the municipal boundaries of
the Municipality;
"Work" means to do anything in the construction or demolition or change of
use or plumbing work for a building which is regulated by the Act and the
Building Code and "project" has a similar meaning.
1.2
INTERPRETATION
1.2.1 Any word or term not defined in this by-law that is defined in the Act or Building
Code shall have the meaning ascribed to it by the Act or Building Code.
1.2.2 In this by-law, a word interpreted in the singular number has a corresponding
3
meaning when used in the plural.
1.2.3 This by-law includes the Schedules annexed hereto and the Schedules are
hereby declared to form part of this by-law.
1.2.4 If any section, subsection or part or parts thereof be declared by any court of
law to be illegal or ultra vires, such section, subsection or part or parts shall be
deemed to be severable and all parts hereof are declared to be separate and
independent and enacted as such.
2.0
CLASSES OF PERMITS (ONTARIO BUILDING CODE ACT, SECTION
7(1)(a)
Those classes of permits with respect to the construction, demolition or change
of use of a building or part thereof as set out in Schedule "A" annexed hereto
are hereby established.
3.0
APPLICATIONS FOR PERMITS (ONTARIO BUILDING CODE ACT,
SECTION 7(1)(b))
3.1
APPLICATIONS FOR PERMIT TO CONSTRUCT (ONTARIO BUILDING
CODE ACT, SECTION 8(1))
Where an application is made for a permit to construct, the applicant shall file
the following information:
(a)
the standardized provincial application form entitled "Application
for a Permit to Construct or Demolish" (available from the Chief
Building Official or from the official Ontario Building Code website
at www.obc.mah.gov.on.ca); and
(b)
complete plans, specifications, documents and other information
as required by Article 1.3.1.3 of Division C of Ontario Regulation
332/12, as amended from time to time and any further material
required by the Chief Building Official in accordance with
Paragraph 4 of this by-law.
3.2
APPLICATION FOR PERMIT TO DEMOLISH (ONTARIO BUILDING CODE
ACT, SUBSECTION 8(1))
Where an application is made for a permit to demolish the applicant shall file
the following information:
(a)
the standardized provincial application form entitled Application
for a Permit to Construct or Demolish" (available from the Chief
Building Official or from the official Ontario Building Code website
at www.obc.mah.gov.on.ca);
(b)
complete plans, specifications, documents and other information
as required by Article 1.3.1.3 of Division C of Ontario Regulation
332/12, as amended from time to time and any further material
required by the Chief Building Official in accordance with
Paragraph 4 of this by-law;
(c)
proof satisfactory to the Chief Building Official that arrangements
have been made with the proper authorities for the cutting off
and capping of all water, sewer, gas, electric and private
services; and
4
(d)
written confirmation that the site will be backfilled and graded with
clean material and that all private drain connections will be
excavated and properly sealed at the property line.
3.3
APPLICATION FOR CONDITIONAL PERMIT (ONTARIO BUILDING CODE
ACT, SUBSECTION 8(3))
Where an application is made for a conditional permit the applicant shall file the
following information:
(a)
the standardized provincial application form entitled "Application
for a Permit to Construct or Demolish" (available from the Chief
Building Official or from the official Ontario Building Code website
at www.obc.mah.gov.on.ca);
(b)
complete plans, specifications, documents and other information
as required by Article 1.3.1.3 of Division C of Ontario Regulation
332/12, as amended from time to time and any further material
required by the Chief Building Official in accordance with
Paragraph 4 of this by-law and payment of all fees required in
Schedule 'A' of this by-law;
(c)
a statement of the reasons why the applicant believes that
unreasonable delays in construction would occur if a conditional
permit is not granted;
(d)
a statement of the necessary approvals which must be obtained
in respect of the proposed building and the time in which such
approvals will be obtained;
(e)
the time in which plans, and specifications of the complete
building will be filed with the Chief Building Official; and
(f)
A signed agreement in the form prescribed by the Chief Building
Official to do the following:
(i)
assume all risk in commencing the
construction,
(ii)
obtain all necessary approvals within the time
period referred to under subsection 3.3(d) above,
(iii)
file plans and specifications of the complete building
within the time period specified in subsection 3.3(e)
above,
(iv)
at the applicant's own expense, remove the building
and restore the site if approvals are not obtained or
plans are not filed in the time set out in the
agreement, and
(v)
comply with such other conditions as the Chief
Building Official considers necessary.
(g)
Confirmation that the conditional building permit complies with
Section 8(3)(a) of the Act, Article 1.3.1.5 of Division C of the
Building Code, and all Applicable Law.
3.4
APPLICATION FOR CHANGE OF USE PERMIT (ONTARIO BUILDING
CODE ACT, SUBSECTION 10(1))
5
Where an application is made for a change of use permit the applicant shall file
the following information:
(a)
the form prescribed by the Chief Building Official;
(b)
complete plans, specifications, documents and other information
as required by Article 1.3.1.3 of Division C of Ontario Regulation
332/12, as amended from time to time and any further material
required by the Chief Building Official in accordance with
Paragraph 4 of this by-law; and
(c)
a description of the current and proposed occupancies of the
building or part of the building for which the application is made.
3.5
APPLICATION FOR TRANSFER OF PERMIT (ONTARIO BUILDING CODE
ACT, SUBSECTION 7(h))
Where an application is made for a transfer of permit because of change of
ownership of the property, the applicant shall file the following information:
(a)
the form prescribed by the Chief Building Official;
(b)
the names and address of the former and new owner;
(c)
a duplicate registered copy of the deed evidencing transfer of
ownership;
(d)
the nature of the permit being transferred; and
(e)
written confirmation from the original permit holder that the permit
is to be transferred.
3.6
APPLICATION FOR PARTIAL PERMIT
Where an application is made for a partial permit in order to expedite work for a
portion of a building prior to the issuance of a permit for the work for the
complete building, the applicant shall file the following information:
(a)
the standardized provincial application form entitled "Application
for a Permit to Construct or Demolish" (available from the Chief
Building Official or from the official Ontario Building Code website
at www.obc.mah.gov.on.ca);
(b)
complete plans, specifications, documents, and other information
as required by Article 1.3.1.3 of Division C of Ontario Regulation
332/12, as amended from time to time and any further material
required by the Chief Building Official in accordance with
Paragraph 4 of this by-law and payment of full fees in accordance
with Schedule 'A' of this by-law; and
(c)
a signed acknowledgement from the applicant that the issuance
of a partial permit shall not be construed to authorize construction
beyond the plans for which approval was given or as a guarantee
that approval will necessarily be granted for the entire proposed
work.
3.7
APPLICATION FOR SEWAGE SYSTEM
Where an application is made for the installation of a sewage system, the
6
applicant shall file the following information:
(a)
The form prescribed by the Chief Building Official
(b)
complete plans, specifications, documents, and other
information as required by Article 1.3.5.4. of Division C of
Ontario Regulation 332/12, as amended from time to time and
any further material required by the Chief Building Official in
accordance with Paragraph 4 of this by-law.
(c)
a scaled site map showing the following:
(i)
the legal description, lot size, property dimensions,
existing rights-of-way, easements or municipal /
utility corridors;
(ii)
the location of items listed in Column 1 of Tables
8.2.1.6.A., 8.2.1.6.B. and 8.2.1.6.C. of the Building
Code;
(iii)
the location of the proposed sewage system;
(iv)
the location of any unsuitable, disturbed or
compacted areas;
(v)
proposed access routes for system maintenance;
(vi)
depth to bedrock;
(vii)
depth to zones of soil saturation;
(viii)
soil properties, including soil permeability; and
(ix)
soil conditions, including the potential for flooding.
4.0
INFORMATION TO BE SUBMITTED WITH APPLICATIONS
4.1
GENERAL
In addition to the requirements set out under Paragraph 3 above, unless
otherwise directed by the Chief Building Official, every application for a permit
shall:
(a)
Be on the prescribed application form and be signed by the
applicant who shall certify the truth of the contents of the
application;
(b)
be accompanied by the required fees as set out in Schedule "A";
include any information relating to the application as required by
the Chief Building Official;
(c)
identify and describe in detail the work, use and occupancy to be
covered by the permit for which the application is made;
(d)
identify and describe in detail the existing uses and the proposed
use for which the property is intended;
(e)
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 construction, demolition or change of use is to occur;
(f)
be accompanied by proof acceptable to the Chief Building Official
of property ownership and, where appropriate, a signed
authorization appointing an individual or corporation to act as the
owner's agent in respect of an application; and
(g)
provide whatever other information, plans, surveys or documents
are required in order to enable the Chief Building Official to
determine whether or not the proposed construction, demolition,
7
change of use or transfer of permit will conform with the Act, the
Building Code, any applicable law and whether or not adjacent
property may be affected.
4.2
PLANS AND SPECIFICATIONS
4.2.1 In addition to the requirements set out under Paragraph 3 above, each
application shall, unless otherwise specified by the Chief Building Official, be
accompanied by two complete sets of the plans and specifications as
described in Schedule "B" of this by-law.
4.2.2 The applicant shall ensure that plans submitted to the Chief Building Official:
(a)
are drawn to scale (minimum 1/8" = 1') upon substantial material
and in electronic format (PDF) or as approved by the Chief
Building Official;
(b)
are legible and durable; and
(c)
indicate the nature and extent of the work or proposed occupancy
in sufficient detail to establish that the completed work will
conform to the Act, the Building Code and any applicable law.
4.2.3 The applicant shall submit a copy of a plan of survey certified by a Registered
Ontario Land Surveyor to the Chief Building Official when required to
demonstrate compliance with the Act, the Building Code or any applicable law.
4.2.4 The applicant shall ensure that site plans submitted to the Chief Building
Official to demonstrate compliance with the Act, the Building Code and any
applicable law shall contain the following information:
(a)
lot size, lot dimensions, lot area, building dimensions and
setbacks to any existing or proposed buildings;
(b)
geodetic elevations of: (i) the streets abutting the property;
(ii) proposed finished floor; (iii) top of foundation; (iv) underside
of footings; and (v) attached garage floor elevation;
(c)
existing and proposed grade elevations at all lot corners,
midpoints, points of grade change, driveways and drainage
structures;
(d)
existing rights-of-way, easements, municipal services and
private services; and
(e)
dimensions of setbacks of buildings located on adjacent lots
from their respective front property lines.
4.2.5 Upon completion of the foundation, a building location survey shall be
submitted to the Chief Building Official for new residential buildings and
buildings under Site Plan Agreement with the Municipality or any other building
as requested in order to confirm compliance with any Building Code or zoning
requirement.
4.2.6 Plans and specifications furnished in accordance with the requirements of this
by-law or otherwise required by the Act become the property of the Municipality
and shall be retained in accordance with any and all applicable legislation and
by-laws.
5.0
AFTER FILING OF APPLICATION
8
5.1
INCOMPLETE APPLICATION
Where an application is found to be incomplete or does not comply with the
relevant provisions of the Act or the Building Code, the Chief Building Official
may accept the application for processing a notice of the incomplete status of
the permit will be provided by the reviewing inspector, applications that are not
completed for review within 90 days will be returned to the applicant,
application deposits for these permits are subject to schedule "D" of this bylaw.
5.2
FAILURE TO COMMENCE CONSTRUCTION OF DEMOLITION
Where the construction or demolition in respect of which a permit has been
issued has not, in the opinion of the Chief Building Official, been seriously
commenced within six months of its issuance, the Chief Building Official may
revoke the permit in accordance with the provisions of the Act and the Building
Code. Refunds for revoked permits are subject to the refund policy set out in
schedule "D" of this bylaw, refund of other fees collected at the time of permit
issue, i.e., development charges or impost fees are subject to the refund
policies of the respective by-laws.
5.3
INACTIVE APPLICATION
Where the construction or demolition in respect of which a permit has been
issued has been seriously commenced but has, in the opinion of the Chief
Building Official, been substantially suspended or discontinued for a period of
more than one year, the Chief Building Official may revoke the permit in
accordance with the provisions of the Act and the Building Code. Refunds for
inactive permits are subject to the refund policy set out in schedule "D" of this
bylaw, refund of other fees collected at the time of permit, i.e., development
charges or impost fees are subject to the refund policies of the respective by-
laws.
5.4
DEVIATIONS FROM PLANS, SPECIFICATIONS OR OTHER DOCUMENTS
Deviations from the plans, specifications or other documents filed in respect of
which a permit or permits were issued, may be made following the issuance
thereof or during the course of inspections provided that:
(a)
the changes are minor in nature and do not contravene the Act,
the Building Code or any applicable law;
(b)
the Chief Building Official agrees to the changes;
(c)
revised plans and specifications in the prescribed numbers are
submitted for approval; and
(d)
the additional non-refundable fee for "Revision to permit" as set
out in Schedule "A" is submitted prior to review by the Chief
Building Official.
5.5
AS CONSTRUCTED PLANS
On completion of the construction of a building being the subject of a permit,
the owner shall, if required by the Chief Building Official and in accordance with
Sentence 1.3.6.1(1) of Division C of the Code, submit to the Chief Building
Official a set of as constructed plans of the work including a plan of survey
showing the location of the building.
6.0
ALTERNATIVE SOLUTION (ONTARIO BUILDING CODE ACT)
9
Where an application for permit or for authorization to make a material change
to a plan, specification, document, or other information for which a permit was
issued, contains an alternative solution for which authorization is requested,
the following requirements shall apply:
a) In accordance with Subsection 2.1.1 of Division C of the Ontario
Building Code, the person proposing an alternative solution application
shall provide documentation to the Chief Building Official information
that:
(i) Identifies applicable objectives, functional statements and
acceptable solutions; and
(ii) Establishes on the basis of past performance, tests described in
Article 2.1.1.2 of the Ontario Building Code or other evaluation that the
proposed alternative solution will achieve the level of performance
required under Article 1.2.1.1 of Division A of the Ontario Building Code.
b) The documentation described in Clause a) above shall include
relevant assumptions, limiting or restricting factors, testing procedures,
studies or building performance parameters, including any
commissioning, operational and maintenance requirements, and any
other documentation the Chief Building Official requires.
c) A fee shall be charged based on the complexity of the contents of
the application(s), at an amount determined by the Chief Building
Official. The applicant will also be responsible for any third-party
review costs as determined by the Chief Building Official.
7.0
NOTICE AT EACH STAGE
7.1
The applicant, owner or authorized agent shall notify the Chief Building Official
at least two (2) business days prior to the following stages of construction of all
prescribed inspections as described in Article 1.3.5.1 of Division C of Ontario
Regulation 332/12, as amended, and further, the following additional
inspections as permitted by Article 1.3.5.2 of Division C of Ontario Regulation
332/12, as amended:
a)
substantial completion of structural framing for each storey, if the
building is a type of building that is within the scope of Division B
of the Building Code, other than Part 9;
b)
commencement of construction of the building;
c)
commencement of construction of:
(i)
masonry fireplaces and masonry chimneys,
(ii)
factory-built fireplaces and allied chimneys, or
(iii)
stoves, ranges, space heaters and add-on furnaces using
solid fuels and allied chimneys;
d)
substantial completion of interior finishes;
e)
substantial completion of heating, ventilating, air-conditioning and
air-contaminant extraction equipment;
f)
substantial completion of exterior cladding; and
g)
substantial completion of the pool deck and dressing rooms for a
public pool or public spa and readiness for inspection of the
emergency stop system for a public pool or public spa.
10
h)
completion and availability of drawings of the building as
constructed;
i)
substantial completion of all site grading;
j)
completion of a building prior to occupancy for which an
occupancy permit is required under Articles 1.3.3.4
and
1.3.3.5 of Division C of the Ontario Building Code; and
k)
Underground Services inspection.
l)
Commencement of construction of a sewage system
m)
Substantial completion of the installation of the sewage system
before commencement of backfilling
n)
Completion of the installation of the sewage system including the
seeding of grass over the system mantle.
7.2
A notice pursuant to subparagraph 7.1 above is not effective until notice is
actually received by the Chief Building Official and the applicant, owner or
permit holder, as the case may be, receives confirmation of the reception of
notice issued by the Municipality.
7.3
For the purposes of subparagraph 7.1, the time period referred to shall begin
on the day following the day on which the notice is given and shall not include
Saturdays, holidays or any other days when the Municipality's offices are not
open for the transaction of business with the public.
8.0
FEES
8.1
APPLICATION FEE
8.1.1 The Chief Building Official shall calculate the required fees for the work
proposed in accordance with Schedule "A" of this by-law and the owner shall
pay such fees upon submission of the application for a permit.
8.1.2 Where the fees payable in respect of an application for a construction or
demolition permit or a conditional permit are based upon the cost of valuation
of the proposed work, the cost of valuation of the proposed work shall mean
the total cost of all work regulated by the permit including the cost of all
material, labour, equipment, overhead and professional and related services.
8.1.3 Where the fees payable in respect of an application for a construction or
demolition permit or a conditional permit are based on a floor area, floor area
shall mean the total floor space of all stories above and below grade measured
as the horizontal area between the outside of the exterior walls of the building.
8.1.4 In connection with applications for conditional permits, fees shall be payable
based upon the complete project, and not simply the work to be carried out
pursuant to the conditional permit.
8.1.5 Where fees payable in respect of an application for a change of use permit are
based on floor area, floor area shall mean the total floor space (determined in
accordance with subparagraph 8.1.3 above) of all stories or parts thereof that
are subject to the change of use.
8.1.6 As outlined in Schedule "A" attached hereto, the Chief Building Official may
place a valuation on the cost of the proposed work for the purposes of
establishing the permit fee, and where disputed by the applicant, the applicant
11
may pay the required fee under protest and, within six (6) months of
completion of the work, may submit an audited statement of the actual costs
incurred, and where the audited costs are determined to be less than the
valuation, the Chief Building Official shall issue a refund in accordance with
paragraph 9 of this by-law.
8.2
REFUNDABLE INSPECTION FEE
8.2.1 In addition to the fees paid at the time of application in accordance with
paragraph 8.1 above, a refundable inspection fee shall be payable on an
application for a permit in the amount as set out in Schedule "A" of this by-law.
8.2.2 Upon issuance of the final and/or occupancy permit, the refundable inspection
fee shall be remitted to the applicant less any additional re- inspection fees
incurred by the Municipality as set out in Schedule "A" where:
(a)
the permit holder or his or her authorized agent has provided
notice of an inspection and the project was not ready for
inspection at the time the Inspector attended the site;
(b)
an inspection has disclosed substantial non-compliance with and
violations of the Building Code or any applicable law to the
degree that, in the opinion of the Chief Building Official, a re-
inspection is necessitated; or
(c)
notice to reschedule or cancel the inspection is not received
24hrs prior to the scheduled inspection.
8.2.3 In the event that the entirety of the deposit is used for re-inspection fees prior
to the completion of the project an additional refundable fee of $500 shall be
payable prior to any further inspections. This fee is refundable upon issuance
of the final and/or occupancy permit, the refundable inspection fee shall be
remitted to the applicant less any additional re- inspection fees incurred by the
Municipality as set out in Schedule "A".
8.3
CONSTRUCTION OR DEMOLITION WITHOUT A PERMIT
Any person or corporation who commences construction, demolition or
changes the use of a building without a valid permit issued in accordance with
this by-law shall, in addition to any other penalty under the Act, Building Code,
or this by-law, pay over and above the fee otherwise determined in
accordance with this paragraph 8, a fee equal to the greater of $200 or 40% of
the amount calculated as the regular permit fee (to a maximum of $10,000),
whichever is greater, in order to compensate the Municipality for the additional
work caused by such premature commencement of work.
8.4
ADDITIONAL FEES
Fees for services provided by the Municipality's Building Division not
otherwise specifically dealt with in this by-law shall be as set out in Schedule
"A" hereto or as per by-law 2018-039.
9.0
REFUNDS
9.1
Upon the written request of the applicant or permit holder the Chief Building
Official shall determine the amount of refund of permit fee, if any, that may be
returned to the applicant or permit holder where:
(a)
an application for a permit is withdrawn;
12
(b)
the Chief Building Official refuses to issue a permit for which an
application has been made;
(c)
the Chief Building Official revokes a permit after it has been
issued; or
(d)
a valuation has been appealed by a permit holder in accordance
with the procedure set out under subparagraph 8.1.6 of this by-
law.
9.2
The amount, if any, of the refund shall be determined in accordance with
Schedule "D" attached to and forming part of this by-law
10.0 REGISTERED CODE AGENCIES
The Chief Building Official is authorized to negotiate and execute service
agreements with a Registered Code Agency to perform specified functions
pursuant to Section 4.1 of the Act provided that the Registered Code Agency
meets all requirements of the Act and the Building Code and funds are
available within the operating budget of the Municipality's Building Division.
11.0 OFFENCE
Any person who contravenes any provision of this by-law is guilty of an
offence as provided for in Section 36 of the Act.
12.0 REPEAL
By-laws 2005-110, 2007-94, 2013-123, 2015-074, 2017-100, and 2020-80 and any
other by-laws or portions thereof conflicting with this by-law are hereby
repealed.
13.0 SCHEDULES
Schedules A, B, C and D attached hereto shall form an integral part of this by-
law.
14.0 SHORT TITLE
This by-law may be cited as the "Loyalist Township Building By-law."
15.0 COMING INTO FORCE
This by-law shall come into force and take effect on June 1st 2022.
ENACTED AND PASSED this 24th day of May, 2022.
Originally signed by the Mayor on May 24, 2022
Originally signed by the Clerk on May 24, 2022
13
SCHEDULE "A" TO BY-LAW 2022-054
CLASSES OF PERMITS AND ASSOCIATED, RELATED AND OTHER
FEES
CLASS OF
PERMIT
FEE
Permit to Construct
(s.
3.1 of by-law)
2022 - $15.96 per $1,000 of construction value (as
defined below) for the first $1,000,000 in construction
value, with a minimum charge of $100.
2023 - $16.92 per $1,000 of construction value (as
defined below) for the first $1,000,000 in construction
value, with a minimum charge of $100.
2024 - $17.88 per $1,000 of construction value (as
defined below) for the first $1,000,000 in construction
value, with a minimum charge of $100.
2025 - $17.88 + CPI (Table 18-10-0256-01 from Bank of
Canada)
2026 - $18.73 per $1,000 of construction value (as
defined below) for the first $1,000,000 in construction
value, with a minimum charge of $100. (Updated based
on Table 18-10-0256-01 from Bank of Canada and
Council resolution 2025-254).
In addition, the fee shall include $10.00 per plumbing fixture, with
a minimum charge for plumbing of $100.00
40% of yearly calculated rate per $1,000 of construction
value for amounts between $1,000,000 and$6,000,000 of
construction value
25% of yearly calculated rate per $1,000 of construction
value for amounts in excess of $6,000,000
Permit to Demolish
(s.
3.2 of by-law)
$150 for the first 5,000 square feet of gross floor area, plus an
additional $100 for each following increment or portion thereof of
5,000 square feet
Conditional Permit
(s.
3.3 of by-law)
Regular Permit to Construct fees plus $500, plus full
compensation for any legal costs incurred by the
municipality to prepare and register agreements
Change of
Use Permit
(s. 3.4 of by-
law)
$150 per application
Transfer of Permit
(s.
3.5 of by-law)
$150 per application
Partial Permit (s.
3.6 of by-law)
Regular Permit to Construct fees plus $150 per application
Sewage system
permit (s. 3.7 of
by-law
Class 2 sewage system (greywater pit) $950
Sewage system
permit (s. 3.7 of
by- law)
Class 3 sewage system (cesspool) $950
Sewage system
permit (s. 3.7 of
by- law)
Class 4 sewage system (septic system) $950
14
Sewage system
permit (s. 3.7 of
by- law)
Class 5 sewage system (holding tank) $950
15
Other Fees
Revision to Permit (s. 5.4(d) of the By-
law)
$100 per submission
Refundable Inspection Fee (s. 8.2.1 of
the by-law)
$500 (the entirety to be refunded less $100
per each re-inspection necessitated by an
event described in subsection 8.2.2 of the
by-law) for all construction projects in excess
of $20,000
Lot Grading Certificate Review (s. 8.4
of the by-law)
$210
Lot Grading Certificate Deposit (s. 8.4
of the by-law)
$260 refundable deposit unless Certificate
has to be resubmitted due to rejection of
previous Certificate by Municipality in which
case $130 is to be deducted from the
amount refundable for each resubmission
Written request for information
regarding existing or partially
constructed buildings in connection
with compliance with zoning by-laws
and/or the existence of outstanding
work orders (s. 8.4 of the by-law)
$75 payable prior to the release of the
requested information
Written request for information
regarding compliance with a
subdivision agreement (s. 8.4 of the
by-law)
$75 payable prior to the release of the
requested information
911 Address Sign Fee (s. 8.4 of the
by-law)
$75 per sign requested
Lot Grading Deposit -- Plan 1081 lots
on Kildare Avenue, McKeown
Crescent and Speers Blvd. (south of
Mortensen Drive) (s. 8.4 of the by-law)
$3,000
Review of septic system performance
level for renovations or building
additions
$500
Review of septic system performance
level for adding a pool, shed, or
garage
$250
Septic tank, installation only
$750
Sewage system search
$150 (if applying for a Review of septic
system performance level of existing onsite
sewage system this fee is included)
Minor variance and zoning by-law
amendment applications for properties
with onsite sewage systems
Minor variance or zoning by-law
amendments: $450
Minor variance or zoning by-law
amendments with a performance review:
$700
Minor variance or zoning by-law amendments
with a Permit to Construct or Demolish a
Septic System: $1,150
Subdivision or condominium applications:
$500 per lot assessment
Severance or lot addition applications
$500 per lot assessment
Certificate of approval renewals: $150
Additional inspections and Changes of
Installers: $250
16
Land severances with onsite sewage
systems
Review and assess land severance
applications. The review is to ensure the
proposed severed lot will be able to
accommodate a conventional on-site sewage
treatment system. The review will also ensure
the proposal will not affect any existing onsite
sewage systems: $250
Interpretation
For the purposes of determining construction value for residential projects:
A rate of $145.00 per square foot shall be used for the gross floor area of the dwelling
unit.
A permit fee value for accessory buildings to a residential use will be calculated on a
construction value of $50.00 per square foot for the gross floor area of a garage,
$30.00 per square foot for the gross area of a deck, covered decks and porches
$45.00 per square foot, and an estimated value of construction for the balance of
residential accessory structures.
A permit fee value for basement renovations will be calculated on a construction value
of $40.00 per square foot of floor area being renovated. and
Permit fee values for farm buildings will be calculated on a construction value of
$20.00 per square foot for the gross floor area for building constructed as per standard
construction and $15.00 per square foot for fabric covered structures.
Miscellaneous Charges (s. 8.4 of the by-law)
The Chief Building Official is authorized to determine and charge reasonable fees for
services requested and provided by or on his or her behalf that are not described in
this Schedule.
17
SCHEDULE "B" to By-law 2022-054
PLANS AND SPECIFICATIONS
List of Plans, Specifications and other information required to accompany
applications for permits:
One (1) paper set and one (1) pdf set to be provided with your application and
one (1) paper set for Emergency Services Department, when required.
1.
Site Plan
2.
Current Legal Survey for the property
3.
Current owner's Deed for the property
4.
Floor Plans
5.
Foundation Plans
6.
Framing Plans including Truss Layouts
7.
Roof Plans
8.
Reflected Ceiling Plans
9.
Sections and Details
10.
Building Elevations
11.
Electrical Drawings
12.
Heating, Ventilation and Air Conditioning Drawings
13.
Plumbing Drawings
14.
Fire Alarm and Sprinkler Plan
15.
Heat Loss calculations, Duct Design Calculations and a duct layout
drawing for the heating and ventilation system(s) (two sets)
16.
Building Code Analysis/Matrix for any building which is a Small Building,
Large Building or Complex Building, as described in Table 1.2.2.1 in Division
C of the Building Code
17.
Commitment to Review from Engineer or Architect
18.
Building Code Analysis for the change of use of any building or part
thereof;
19.
Energy Efficiency Design Summary (EEDS) for Part 9 buildings
(addressing SB-12) or a completed SB-10 form for large buildings and
certain Part 9 buildings not covered by EEDS
20.
Approved permit for sewage system for rural properties and other
properties not connected to Loyalist Township municipal sewage system.
21.
Any other information required by the Chief Building Official in order to
determine that the proposed construction; demolition or change in use will
comply with the Building Code, the Act and any other applicable law.
Note: In the context of a specific application or class of applications, the Chief
Building Official may, in his or her sole discretion, specify that not all the above-
noted plans and specifications shall be required to accompany the application.
18
Schedule "D" to By-law 2022-054
REFUND POLICY (S. 9.2 of the by-law)
Pursuant to section 9.2 of the by-law, the fees that may be refunded shall be
calculated by the Chief Building Official as a percentage of the fees payable under the
by-law on the following basis:
(a)
80% if only administrative functions have been performed;
(b)
70% if only administrative and zoning functions have been performed;
(c)
45% if only administrative, zoning and plan examination functions have been
performed; and
(d)
35% if a permit has been issued and no field inspections have been performed
subsequent to permit issuance.
Notwithstanding the foregoing, no refund shall be made for an amount less than
$100.00.