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THE CORPORATION OF THE MUNICIPALITY OF MACHIN
BY-LAW NUMBER 21-2014
BEING A BY-LAW RESPECTING CONSTRUCTION, DEMOLITION AND
CHANGE OF USE PERMITS AND INSPECTIONS AND
BEING A BY-LAW TO RESCIND BY-LAW #1043-96.
WHEREAS Section 7 (1) of the Building Code Act, S.O. 1992, c.23, authorizes a
municipal council to pass by-laws respecting construction, demolition, change of
use permits and inspections, and
WHEREAS Council enacted By-Law No. 21-2014 under the Building Code Act,
S.O.1992, c.23, respecting permits and related matters, and
WHEREAS Section 7 (2) of the Building Code Statute Law Amendment Act,
2002,c.9, an amendment to Section 7 of the Building Code Act, indicates that the
total amount of fees charged must not exceed the anticipated reasonable costs to
administer and enforce the Act, and
WHEREAS Section 7 (2) of the Building Code Statute Law Amendment Act, 2002,
c.9, came into force on July 1, 2005, and
WHEREAS Subsection 7.1 (1) of the Act requires municipalities to establish and
enforce a "Code of Conduct" for the Chief Building Official and Inspectors, and
WHEREAS Section 4.1 (1) of the Act, allows municipalities to appoint Registered
Code Agencies (RCAs), and
WHEREAS Council has considered the anticipated and reasonable cost to
administer and enforce the Act,
NOW THEREFORE the Council of The Corporation of the Municipality of Machin
enacts as follows:
1.
SHORT TITLE:
This by-law may be cited as "The Building By-law".
2.
DEFINITIONS
In this by-law,
"Act" means the Building Code Act, 1992, S.O. 1992, Chapter 23 as
amended.
"as constructed plans" means as constructed plans as defined in the
Building Code.
"architect" means a holder of a license, a certificate of practice, or a
temporary license under the Architect's Act as defined in the Building Code.
"building" means a building as defined in Section 1(1) of the Act.
"Building Code" means the regulations made under Section 34 of the Act.
"Chief Building Official" means the Chief Building Official appointed under
section 3.(2) of the Act by by-law of The Corporation of the Municipality of
Machin for the purposes of enforcement of the Act. A Chief Building Official
may exercise any of the powers or perform any of the duties of an Inspector.
"farm building" means a farm building as defined in the Building Code.
"Inspector" means an Inspector appointed under Section 3.(2) of the
Building Code Act.
"Municipality" means The Corporation of the Municipality of Machin.
By-Law Number 21-2014
Page 2
"permit" means written permission or written authorization from the Chief
Building Official to perform work regulated by this By-Law and the Act, or to
change the use a building or part of a building or parts thereof as regulated
by the Act.
"plumbing" means plumbing as defined in Section 1(1) of the Act.
"professional engineer" means a person who holds a license or a
temporary license under the Professional Engineer's Act, as defined in the
Building Code.
"RCA" means Registered Code Agency.
"Registered Code Agency" means a person or entity that has the
qualifications and meets the requirements described in Subsection 15.11 (4)
of the Act.
"Residential Site" means a construction or demolition site for a building
that is used only for residential purposes and that is not more than three
stories in building height and not more than one level below grade.
"sewage system" means a sewage system as identified in Section 1(1) of
the Act, and as defined in Subsection 1.4 of Division A of the Building Code
2.
CLASSES OF PERMITS
3.1
Classes of permits with respect to the construction, demolition and
change of use of buildings and permit fees shall be as set out in
Schedule "A" to this By-Law.
3.2
A Conditional Permit may be issued at the discretion of the Chief
Building Official to authorize any stage of construction, even though
all of the requirements under Section 8(2) of the Act have not been
met (i.e. compliance with some applicable law). The requirements of
Section 8(3) (a), (b) and (c) of the Act must, however, be complied
with before a conditional permit may be issued.
3.3
Permits for work other than that referred to in this By-Law shall be
obtained from the appropriate authority having jurisdiction in
accordance with the by-laws of The Corporation and include the
following; which are provided for illustration only and do not limit the
generality of the foregoing:
- Encroachment, sewers, street cuts and signs.
3.
REQUIREMENTS FOR APPLICATIONS
4.1
THE 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 the prescribed form(s) available at the offices of
the Municipality.
4.1.2
The forms prescribed for use as applications for permits, for
orders and for inspection reports shall be as set out in
Schedule "D" to this By-Law.
4.1.3
All applications that are required to be filled by an applicant
must be filled to the extent possible. The Chief Building
Official's decision shall be final as to whether a field is
applicable.
By-Law Number 21-2014
Page 3
4.1.4
When required by the Building Code, each application shall
be accompanied by a written acknowledgement of the
owner that they have retained an architect, or professional
engineer, or both to carry out field review of the
construction.
4.2
BUILDING, CONDITIONAL, DEMOLITION AND PLUMBING
PERMITS
Every application for a permit shall be submitted to the Chief Building
Official, and contain the following information:
4.2.1 Where application is made for a PERMIT TO CONSTRUCT
under Subsection 8 (1) of the Act, the applicant shall:
4.2.1.1
use the latest version of the provincial application
form, "Application for a Permit to Construct or
Demolish";
4.2.1.2
use "Additional Information Form for Permit
to Construct";
4.2.1.3
be accompanied by the required fee;
4.2.1.4
include
complete
plans
and
specifications,
documents and other information as required by
Sections 1.2 and 1.3 of Provision C of the Building
Code and as described in this By-Law for the work
to be covered by the permit; and
4.2.1.5
be signed by the owner or the owners authorized
agent who shall certify the truth of the contents of
the application.
4.2.2 Where application is made for a PERMIT TO DEMOLISH
under Subsection 8 (1) of the Act, the applicant shall:
4.2.2.1
use the latest version of the provincial application form,
"Application for a Permit to Construct or
Demolish";
4.2.2.2
use "Additional Information Form for Permit to
Demolish";
4.2.2.3
include complete plans and specifications, documents
and other information as required by Sections 1.2 and
1.3 of Division C of the Building Code and as described
in this By-Law for the work to be covered by the
permit;
4.2.2.4
be accompanied by the required fee;
4.2.2.5
be signed by the owner or the owners authorized agent
who shall certify the truth of the contents of the
application; and
4.2.2.6
be
accompanied
by
satisfactory
proof
that
arrangements have been made with the proper
authorities for the cutting-off and plugging or capping
of all water, sewer, gas, electric, telephone or other
utilities and services.
4.2.3 Where application is made for a CONDITIONAL PERMIT
under Subsection 8(3) of the Act, the applicant shall:
4.2.3.1
use the latest version of the provincial application
form, "Application for a Permit to Construct or
Demolish";
By-Law Number 21-2014
Page 4
4.2.3.2
use "Additional Information Form for a
Permit to Construct";
4.2.3.3
include
complete
plans
and
specifications,
documents and other information as required by
Section 1.2 and 1.3 of Division C of the Building
Code and as described in this By-Law for the work
to be covered by the permit;
4.2.3.4
be accompanied by the required fee;
4.2.3.5
state the reasons why the applicant believes that
unreasonable delays in construction would occur if
a Conditional Permit is not granted,
4.2.3.6
state the necessary approvals which must be
obtained in respect to the proposed building and
the time in which such approvals will be obtained;
4.2.3.7
state the time in which plans and specifications of
the complete building will be filed with the Chief
Building Official; and
4.2.3.8
be signed by the owner or the owners authorized
agent who shall certify the truth of the contents of
the application.
4.3
CHANGE OF USE PERMIT
Every application for a CHANGE OF USE PERMIT issued under
subsection 10(1) of the Act shall be submitted to the Chief Building
Official, and shall:
4.3.1 use the latest version of the provincial application form,
"Application for a Permit to Construct or Demolish";
4.3.2 use the "Application for Change of Use Permit";
4.3.3 describe the building in which the occupancy is to be changed,
by a description that will readily identify and locate the
building;
4.3.4 identify and describe in detail the current and proposed
occupancies of the building or part of the building for which
the application is made;
4.3.5 include plans and specifications showing 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, ceiling and roof assemblies identifying
required fire resistance ratings and load bearing
capacities, and
- details of the existing "sewage system", if any;
4.3.6 be accompanied by the required fee;
4.3.7 state the name, address and telephone number of the owner;
and
4.3.8 be signed by the owner or the owners authorized agent who
shall certify the truth of the contents of the application.
By-Law Number 21-2014
Page 5
4.4
BUILDING & MOVING PERMIT
No person shall move a building within the limits of the Municipality
of Machin without first having secured a BUILDING & MOVING
PERMIT issued by the Chief Building Official.
4.4.1 use the latest version of the provincial application form,
"Application for a Permit to Construct or Demolish";
4.4.2 Every application for a Moving Permit shall use an
"Application for a Building &Moving Permit".
4.4.3 use "Additional Information Form for Permit to
Construct" or use "Additional Information Form for
Permit to demolish" as the case may be;
4.4.4 be accompanied by the required fee;
4.4.5 include complete plans and specifications, documents and
other information as required by Sections 1.2 and 1.3 of
Provision C of the Building Code and as described in this By-
Law for the work to be covered by the permit; and
4.4.6 be signed by the owner or the owners authorized agent who
shall certify the truth of the contents of the application.
4.5
SEWAGE SYSTEM PERMITS
4.5.1 Where an application for Sewage System is required, an
appropriate agency shall be contacted for Sewage System
Permits or for any changes to the Sewage System.
4.5.2 The Chief Building Official shall be notified by the
applicant that the Northwestern Health Unit has
approved such an application before a Building Permit
will be issued for that property.
4.5.3 The Chief Building Official may disregard this requirement if
he reasonably expects this approval to be forthcoming and
issue a Building Permit. However, if a builder or owner
proceeds with construction without first obtaining a Sewage
Permit, he would do so at his own risk if the Sewage System
Permit is not eventually issued.
5
PLANS AND SPECIFICATIONS
5.1
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 to the Act, the Building Code and any other applicable law.
5.2
Each application shall, unless otherwise specified by the Chief
Building Official, be accompanied by two complete sets of the plans
and specifications required under this by-law.
5.3
Plans shall be drawn to scale on paper, or other durable material,
shall be legible and, without limiting the generality of the foregoing,
shall include such working drawings as set out in Schedule "B" to this
By-Law unless otherwise specified by the Chief Building Official.
By-Law Number 21-2014
Page 6
5.4
Site plans shall be referenced to an up-to-date survey and, when
required to demonstrate compliance with the Act, the Building Code
or other applicable law, a copy of the survey shall be submitted to
the Chief Building Official.
5.4.1 Site plans shall show:
- Lot size and the dimensions of property lines and setbacks
to any existing or proposed buildings,
- existing and finished ground levels or grades,
- existing rights-of-way, easements and municipal services,
and
- proposed fire access routes and existing fire hydrant
locations.
6
ADMINISTRATIVE PROCEDURES RELATING TO PERMITS
6.1
Revision to Permit
After the issuance of a permit under the Act, notice of any material
change to a plan, specification, document or other information on
the basis of which the permit was issued, must be given in writing,
to the Chief Building Official together with the details of such change,
which is not to be made without his or her written authorization.
6.2
Revocation of Permits
The Chief Building Official, subject to provisions outlined in
Subsection 8(10) has the authority to revoke a permit issued under
the Act.
6.3
Abandoned Building Permit
A Building Permit is deemed to have been abandoned and cancelled
and the Chief Building Official may revoke such permit six months
after the date of issue, unless such construction is seriously being
proceeded with, or if construction is stopped for a time period
exceeding twelve months.
6.4
Validity of Permits
Where a permit has been issued and the work is not completed two
years from the date of issue, a new application is required for
completion of the remainder of the work.
7
PAYMENT OF FEES
Fees for a required permit shall be as set out in Schedule "A" to this By-Law
and are due and payable upon submission of an application for a permit.
8
REFUNDS
In the case of withdrawal of an application or 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 paid permit fees that may
be refunded to the applicant, if any, in accordance with Schedule "C"
attached to and forming part of this By-Law.
By-Law Number 21-2014
Page 7
9
NOTICE REQUIREMENTS FOR INSPECTIONS
9.1
Prescribed Notices and Inspections
9.1.1 The person to whom a Building Permit has been issued, or
that persons authorized agent, shall notify the Chief Building
Official of various stages of construction for inspection as per
Schedule "F".
9.1.2 If the inspection does not find any shortcomings, or the
shortcomings have been corrected and re-inspected by the
Chief Building Official to his satisfaction, the construction may
proceed to the next stage. In lieu of re-inspection, the Chief
Building Official may accept pictures taken to adequately
show the details of construction.
9.2
Time Frame for Mandatory Inspection After Notice is Given
9.2.1 Under Section 1.3.5.3.(1)(f) of Division C of the Building Code,
after a mandatory inspection notice has been given under
Section 1.3.5.1., the Chief Building Official, an Inspector or a
Registered Code Agency as the case may be, shall undertake
a site inspection not later than two days after the notice is
given.
9.2.2 The time periods referred to shall begin on the day following
the day on which the notice is given and shall not include
Saturdays, holidays and all other days when the offices of the
principal authority are not open for the transaction of business
with the public.
9.2.3 If the Chief Building Official, an Inspector, or a Registered
Code Agency does not undertake a site inspection within the
prescribed time frame, the builder can proceed with
construction.
10
AS CONSTRUCTED PLANS
The Chief Building Official may require that a set of plans of a building or
any class of buildings as constructed be filed with the Chief Building Official
on completion of construction under such conditions as may be prescribed
in the Building Code.
11
CODE OF CONDUCT
Conduct of the Chief Building Official, Inspectors and Registered Code
Agency hired by the Municipality of Machin shall be guided by the Code of
Conduct as set out in Schedule "E".
12
REGISTERED CODE AGENCIES
12.1 The Corporation of the Municipality of Machin, or someone appointed
by the Corporation, is authorized to hire a Registered Code Agency
to provide services to the inhabitants of the Municipality of Machin
related to Building Permits, plans examination and inspections during
any time of absence of the Chief Building Official.
12.2 Where mention is made of Chief Building Official or Inspector, it shall
include Registered Code Agency that is hired or appointed by the
Township of Machin.
By-Law Number 21-2014
Page 8
12.3 Such Registered Code Agency will be allowed to perform, and
expected to perform, all those functions that they can perform as per
the Building Code Act and the Ontario Building Code subject to
restrictions based upon the terms of their hiring.
13
ENCLOSURES AND FENCES
13.1 A person issued a Construction or Demolition Permit under the
Building Code Act, 1992, for any work in the Municipality of Machin
shall erect and maintain a fence to enclose the construction or
demolition site, including any areas where equipment is operated or
equipment or material is stored.
13.2 The Chief Building Official is authorized to grant an exemption from
the requirement in this Subsection to erect a fence if the Chief
Building Official is satisfied that conditions at a site would not present
a particular hazard to the public after having regard for:
13.2.1 the proximity of the site to occupied dwellings;
13.2.2 the proximity of the site to places frequented by the public,
including streets, parks, businesses and workplaces;
13.2.3 the effectiveness of any existing fencing adjacent to the site;
13.2.4 the feasibility and effectiveness of fencing the site;
13.2.5 any proposed security measures to deter entry to the site;
13.2.6 the hazard presented by the activity occurring and materials
used on the site;
13.2.7 the expected duration of the hazard;
13.2.8 the local practices of the past for enclosing construction and
demolition sites; and
13.2.9 any other safety considerations.
13.3 Where work on a construction or demolition site is substantially
suspended or abandoned, the Chief Building Official may revoke an
exemption granted under this Subsection by serving written notice
of the revocation on the permit holder.
13.4 Every fence required by this Section shall:
13.4.1 be erected at the perimeter of the site to fully enclose the
site;
13.4.2 be built to deter entry by unauthorized persons or vehicles;
13.4.3 bare no rails, other horizontal or diagonal bracing,
attachments or pattern of openings on the outside that
would facilitate climbing;
13.4.4 contain no opening more than 150 millimetres wide or less
than 900 millimeters above the bottom of the fence except
where required for access to and from the site;
13.4.5 at any access opening, be equipped with gates that shall:
- contain wire mesh or similar material sufficient to
provide visibility for traffic entering or exiting the site;
- be built to specifications that provide performance and
safety at least equivalent to the fence; and
- deter entry by unauthorized persons;
By-Law Number 21-2014
Page 9
13.4.6 be maintained:
- in good repair with no gaps larger than 100 millimetres
below the fencing and be free of graffiti and posters;
- free from health, fire and accident hazards; and
- so that any access opening is closed and locked or
securely reinstalled when the site is unattended; and
13.4.7 be removed not later than 30 days after completion of the
construction or demolition work.
13.5 A fence required by this Subsection shall:
13.5.1 if erected on a residential site between an excavation on the
site and a public sidewalk or lane that is within 3.0 metres
of the excavation, have a height not less than 1.8 metres
above the grade outside the enclosed area;
13.5.2 if erected on any other residential site, have a height not
less than 1.2 metres above the grade outside the enclosed
area; and
13.5.3 if erected on any other construction or demolition site, have
a height not less than 1.8 metres above the grade outside
the enclosed area.
13.6 A fence required by this Subsection shall be built to the following
minimum standards:
13.6.1 if erected between an excavation and a public sidewalk or
lane that is within 3.0 metres of the excavation, the fence
shall be built of wood;
13.6.2 if built of wood, the outside face shall be smooth exterior
grade plywood or wafer board 12.5 millimetres thick that is
close-boarded securely nailed or screwed to 89 millimetre
by 89 millimetre vertical posts spaced at 2.4 metre centres
and embedded sufficiently deep into the ground to provide
a rigid support, and securely nailed or screwed to 39
millimetre by 89 millimetre horizontal rails secured to the
vertical posts at the top, bottom and intermediate locations
at 600 millimetre centres;
13.6.3 if built with plastic mesh, the fencing shall be fastened
securely at 200 millimetre centres to steel T posts or 50
millimetre wide U posts, spaced at not more than 1.2 metre
centres and embedded at least 600 millimetres into the
ground, with the top and bottom of the plastic mesh secured
horizontally by an 11-gauge lacing cable threaded through
the mesh and looped and fastened to each post;
13.6.4 if built with chain link, the mesh shall have openings no
larger than 50 millimetres and shall be fastened securely
both to vertical steel posts, spaced at not more than 2.4
metre centres and embedded at least 600 millimetres into
the ground, and to top and bottom horizontal steel rails or
9-gauge steel wire;
13.6.5 any hoarding, canopy or similar protective barrier required
under provincial law may form part of the fence; and
By-Law Number 21-2014
Page 10
13.6.6 the fence may be a combination of the fence types specified
in this Section or may be built of other materials if the fence
can be shown to provide performance and safety equivalent
to fence types specified and the Chief Building Official
authorizes its use.
13.7 Where this Section conflicts with any legislation, regulation or other
by-law, the more restrictive applies.
14
CONDITIONS
FOR
COMMERCIAL
CONSTRUCTION
AND
RENOVATION
AND
ADDITIONAL
BUILDING
PERMIT
REQUIREMENTS
14.1 Owners of lands or their agent, upon an application for a permit for
the erection, alteration, repair or demolition of a building or structure
shall deposit with the Municipality an amount as per the Site Plan
Control Agreement.
14.2 Site inspections shall be conducted by the Chief Building Official to
document the condition of the highway, sidewalk, curbing, and
boulevard or to any water service box or other service prior to and
upon completion of the erection, alteration repair or demolition of a
building or structure.
14.3 The deposit shall be used to cover the cost of damage occurring to
a highway, sidewalk, curbing, boulevard, or to any water service box
or other service, during the erection, alteration, repair or demolition
of a building or structure.
14.4 Owners of lands shall take all necessary steps to prevent building
materials, waste or soil from being spilled or tracked onto highways,
boulevards and sidewalks during the course of the erection,
alteration, repair or demolition, and in addition to any other penalty
otherwise provided by law, the owner shall be responsible to the
Municipality for the cost for removing such building materials, waste
or soil, and such cost may be de ducted from the deposit or the
amount may be entered into the tax collector's rolls and recovered
in like manner as municipal taxes.
14.5 Upon completion of the erection, alteration, repair or demolition of a
building or structure and upon application by the person by whom
the deposit was paid, the amount by which the sum deposited
exceeds the cost of such repairs required to be carried out by the
Municipality, shall be refunded.
15
DOCUMENTS ON SITE
15.1 The applicants for a permit shall:
15.1.1 keep posted in a conspicuous place on the premises a copy
of the permit applicable thereto; and
15.1.2 keep a copy of the approved drawings and specifications on
the premises at all times during construction for inspection
of the proposed work.
16
OFFENCES
Where any person contravenes any of the provisions of this By-Law, such
contravention shall have reference to enforcement and penalties provided
in Section 36 of the Building Code Act.
By-Law Number 21-2014
Page 11
17
DISPUTE RESOLUTIONAND APPEALS
17.1 Should a dispute arise between an applicant for a permit, a holder
of a permit or a person to whom an order is given and the chief
building official, a registered code agency or an inspector concerning
the sufficiency of compliance with the technical requirements of
building code, concerning whether the official complied with
subsection 8(2.2) or (2.3) of the Act or concerning whether the
requirements of subsection 10.2(2) of the Act have been met, a party
to the dispute may, in accordance with section 24 of the Act, apply
to the Building Code Commission to resolve the issue;
17.2 A person who considers themselves aggrieved by an order or
decision made by the chief building official, a registered code agency
or an inspector under the Act (except a decision under subsection
8(3) not to issue a conditional permit) may, in accordance with
section 25 of the Act, appeal the order or decision to the Superior
Court of Justice within 20 days after the order or decision is made.
17.3 A party to the hearing before the Superior Court of Justice under
section 25 of the Act may, in accordance with section 26 of the Act,
appeal the decision to the Divisional Court.
18
GENERAL
18.1 Should any Section, Subsection, or Provision of this By-Law be
declared by a court of competent jurisdiction to be invalid the same
shall not affect the validity of this By-Law as a whole or any part
thereof, other than the part so declared to be invalid.
18.2 All references to male gender terms in this By-Law shall also mean
to include corresponding female gender terms.
18.3 All references to singular terms in this By-Law shall also mean to
include reference to plural terms if applicable and vice versa.
READ a FIRST, SECOND and THIRD time, and FINALLY passed this 12th day of
May, 2014.
THE CORPORATION OF THE
MUNICIPALITY OF MACHIN
______________________________
Gord Dingman, Mayor
______________________________
Tammy Rob, Clerk Treasurer
SHEDULE "A"
This is Schedule "A" to By-Law Number 21-2014
RESPECTING CLASSES OF PERMITS AND PERMIT FEES
1. CALCULATION OF PERMIT FEES
1.1
Permit fees shall be the product of the fee multiplier described in Section 5,
Permit Fees for the class of construction involved.
1.2
Where the fees payable in respect of an application for a Construction or
Demolition Permit issued under Subsection 8(1) of the Act or a Conditional
Permit under Subsection 8(3) of the Act are based on 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.
1.3
Fees for major revisions, partial renovations, building reclassification, and for
classes of permits or construction not described or included in this schedule shall
be determined by the Chief Building Official who shall have regard to the
complexity and amount of service required relative to the classes of construction
described herein.
1.4
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 shall pay the required fee under protest and, within six
months of completion of the project, shall submit an audited statement of the
actual costs (including the cost of all material, labour, equipment, overhead and
professional and related services), and where the audited costs are determined
to be less than the valuation, the Chief Building Official shall issue a refund.
1.5
New construction and additions including plumbing and all other regulated
building services and components are included in the calculated fee.
1.6
The fee for a Conditional Permit where granted shall be equal to the regular
permit fee plus a surcharge of 50% of the regular permit fee to cover additional
administration and agreement.
2 MINIMUM PERMIT FEES
2.1
Except where specifically noted otherwise in this schedule, a minimum fee of
$85.00 shall be applied for all permits.
2.2
Each separate structure shall require a separate application, fee and permit
unless those structures are being built at the same time on the same property.
2.3
Fee for revision or amendment to a permit or plans shall be based upon full cost
recovery.
2.4
Tents on Township property for civic functions shall be exempt from fees but
require a permit.
3 EXEMPTION FROM PERMIT AND FEES
3.1
The following construction is exempt from building permit requirements:
3.1.1
painting and decorating;
3.1.2
replacement millwork and cabinets without plumbing;
3.1.3
replacement hot water heaters;
3.1.4
replacement oil or gas fired appliances for buildings defined in the
Ontario Building Code as "House",
3.1.5
replacement shingling of roofs of residential zoned buildings,
3.1.6
replacement of same size doors and windows, for residential zoned
buildings,
3.1.7
decks that are smaller than 200 square feet and less than 2 feet high
around all edges from the ground where the ground does not slope
more than 20% for 5 feet around these edges,
3.1.8
construction of residential fences for residential zoned buildings,
3.1.9
construction or demolition of structures less than 108 square feet
without plumbing, and
3.1.10 sheds or trailers required for construction projects.
Schedule "A" to By-Law Number 21-2014
Page 2
4 PERMIT FEES
Item
Fee
Unit
4.1
All New Construction
Including additions
Total Permit Cost.............................................................
$0.50
$5.38
Per square foot
Per square meter
4.2
All Accessory Buildings
Garages, Sheds, Outbuildings
Total Permit Cost..............................................................
$0.30
$3.24
Per square foot
Per square meter
4.3
Unfinished Areas
Basements, Crawlspaces
Total Permit Cost .............................................................
$0.20
$2.15
Per square foot
Per square meter
4.4
Plumbing
Per Kitchen .......................................................................
Per Bathroom ...................................................................
$30.00
$20.00
Per unit
Per unit
4.5
Renovations & Material Alterations
Total Permit Cost..............................................................
$0.20
$2.15
Per square foot
Per square meter
4.6
Demolition
Buildings less than 1,000 square feet in area .................
Buildings 1,000 square feet or more in area ...................
$50.00
$150.00
Per unit
Per unit
4.7
Removal of Gas Storage Tanks
Must supply a soil report, from the gas storage tank
area, completed by a professional engineer
Total Permit Cost .............................................................
$45.00
Per unit
4.8
Building & Moving Permit
Moving Permit Cost plus ..................................................
Building Permit Cost .........................................................
$80.00
$0.30
$3.24
Per unit
Per square foot
Per square meter
4.9
Change of Use Permit
Total Permit Cost .............................................................
$60.00
Per unit
4.10
Conditional Permit
Total Permit Cost - Plus ..................................................
Extra Permit Cost .............................................................
$0.50
$5.38
50 %
Per square foot
Per square meter
Of total permit cost
4.11
Minimum Permit Fees
All Construction ..............................................................
$50.00
Per project
4.12
Surcharge for Construction Starting Prior to
Issuance of Permit
All Construction ................................................................
200 %
Of total permit cost
4.13 Re-Inspection Fee (Starting Second Re-Inspection) ...
$50.00
Each
Re-Inspection
SCHEDULE "B"
This is Schedule "B" to By-Law Number 21-2014
RESPECTING THE LIST OF PLANS OR WORKING DRAWINGS TO
ACCOMPANY APPLICATIONS FOR PERMITS
1.
Site Plans (two sets)
2.
Floor Plans (two sets)
3.
Foundation Plans (two sets)
4.
Framing Plans (two sets)
5.
Roof Plans (two sets)
6.
Reflected Ceiling Plans (two sets)
7.
Sections and Details (two sets)
8.
Building Elevations (two sets)
9.
Electrical Drawings (two sets)
10. Heating, Ventilation and Air Conditioning Drawings (two sets)
11. Plumbing Plans (two sets)
12. Fire Alarm and Sprinkler Plans (two sets)
Note: The Chief Building Official may specify that not all of the above-
mentioned plans are required to accompany an application for a permit.
SCHEDULE "C"
This is Schedule "C" to By-law Number 21-2014
RESPECTING THE REFUND OF PERMIT FEES
BUILDING PERMIT FEE REFUND SCHEDULE:
1. Request for refund of fees paid must be in writing to the Chief Building Official within
one calendar year from the date of application for the original permit.
2. Notwithstanding any refund stated or calculated using this schedule there shall be no
refund of fees paid where the calculated refund is less than $30.00.
3. Refund of fee shall not be made where the permit has been signed off and occupancy
inspection completed.
4. Refund shall be made to the person named on the original fee receipt unless that
person makes a written request to release the refund to another named person.
REFUND OF PERMIT FEES
Stage Of Permit Process Or Site Work
When Refund Is Requested
Portion of Fee Refunded:
1. CBO unable to issue permit for any
reason, plans, examination not
started.
90% of the permit fee
2. Plan examination in process or
complete.
No refund of plans examination fee.
90% of the rest refunded.
3. Refund requested after permit
issued but prior to any site work.
No refund of plan examination fee,
80% of the rest refunded.
4. Refund requested after
construction started (all
construction to be removed from
property).
Portion of fee refunded:
50% less an additional 5% per
inspection made, and less any plans
examination deposit.
5. Refund requested after
construction started and
abandoned before completion
without removal of construction.
No refund of fees.
6. Conditional permit at any stage
following signing of agreement (the
agreement will still be enforced).
Applicable stage refund, less the
conditional permit surcharge fee.
7. Permit revoked for any reason.
No refund of fees.
SCHEDULE "D"
This is Schedule "D" to By-Law Number 21-2014
RESPECTING VARIOUS APPLICATION FORMS RELATED TO VARIOUS
PERMITS FOR BUILDING, DEMOLISHING, CHANGE OF USE,
AND OTHER ACTIVITIES
Latest versions of the following applications will be used to apply for permits and will be
made available by the Building Department:
Form 1 - Provincial Application for a Permit to Construct or Demolish
Form 2 - Additional Information Form for Permit to Construct
Form 3 - Additional Information Form for Permit to Demolish
Form 4 - Additional Information Form for Plumbing
Form 5 - Application for Change of Use Permit
Form 6 - Application for Moving Permit
Form 7 - Application for Wood Burning Appliance
SCHEDULE "E"
This is Schedule "E" to By-Law Number 21-2014
RESESPECTING CODE OF CONDUCT FOR BUIDLING OFFICIALS
Code of Conduct for Building Officials of
The Corporation of the Municipality of Machin
1. INTRODUCTION
The Township of Machin maintains this Code of Conduct in accordance with the
provisions of The Building Code Act. Building Officials undertake building certification
functions that ensure the quality, structural integrity and safety of buildings. Building
Officials are exposed to potential conflicts of interest because of the special powers
conferred on them. The conduct and behaviour of the Municipality of Machin Building
Official reflects the Building Department's commitment to the highest standard of
professionalism, technical competence, skill, honesty, fairness and independence.
Building Officials observe both the letter and the spirit of this Code of Conduct as it
pertains to situations that bear on their responsibilities.
2. PURPOSE
The purposes of this Code of Conduct are:
o To promote appropriate standards of behaviour by Building Officials in the
exercise of their power and performance of their duties,
o To prevent practices which may constitute an abuse of power, and
o To promote appropriate standards of honesty and integrity.
3. STANDARDS OF CONDUCT AND PROFESSIONALISM
In addition to any Policy with respect to any "Code of Ethics and Conduct applying to
all Municipal Staff," The Municipality of Machin Building Official shall undertake at all
times to:
3.1
Act in the public interest, particularly with regard to the safety of building works
and structures;
3.2
Maintain their knowledge and understanding of the best current building
practice, the building laws and regulations relevant to their building certifying
functions;
3.3 Commit themselves to a process of continuous education so as to constantly be
aware of developments in building design, practice and the law relevant to their
duties;
3.4 Comply with the provisions of the Building Code Act, the Building Code and any
other Act or Law that regulates or governs Building Officials or their functions;
3.5 Avoid situations where there may be, or where there may reasonably appear to
be, a conflict between their duties to their clients, their profession, their peers
and the public at large and their personal interests;
3.6 Not act beyond their level of competence or outside their area of expertise;
3.7 Apply all relevant building laws, regulations and standards strictly and without
favour and independent of the influence of interested parties;
3.8 Perform their inspections and certifying duties impartially and in accordance with
the highest professional standards;
3.9 Not divulge any confidential or sensitive information or material, that they
became privy to in the performance of their duties, except in accordance with
laws governing freedom of information and protection of privacy;
3.10 To avoid any conduct that could bring the Building Official or the Municipality of
Machin into disrepute;
3.11 Extend professional courtesy to all;
3.12 Maintain current accreditation to perform the functions assigned to them;
3.13 Take all reasonable steps to ascertain and document all available facts relevant
to the performance of their duties;
3.14 Exemplify compliance with all regulations and standards that govern building
construction, health and safety or other matters related to their status as a
Building Official.
Schedule "E" to By-Law Number 21-2014
Page 2
4 GUIDELINE FOR RESPONDING TO MISCONDUCT ALLEGATIONS
The Building Code Act provides that the performance of the Building Official will be
measured against this Code of Conduct. In response to any allegation of a breach of
this code, the Chief Building Official shall direct an investigation and where
appropriate, recommend disciplinary action against any Building Official who fails to
comply with this Code of Conduct. Where the allegation is against the Chief Building
Official, Council will direct the investigation and make such recommendations as are
reasonable.
In determining the appropriate discipline, the Chief Building Official or Council will
have regard to the relevance of the conduct to the official's powers and responsibilities
as well as the severity of any misconduct.
Disciplinary Action arising from violations of this Code of Conduct is the responsibility
of the Council of the Municipality of Machin and is subject to relevant collective
agreements, employment laws and standards.
SCHEDULE "F"
This is Schedule "F" to By-Law Number 21-2014
RESPECTING NOTICE OF INSPECTIONS
The person to whom a permit under Section 8 of the Building Code Act is issued shall
notify the Chief Building Official or, where a Registered Code Agency is appointed under
the Act in respect of the construction to which the notice relates, the Registered Code
Agency of:
a) commencement of the construction of the building,
b) readiness to construct footings,
c) substantial completion of footings and foundations prior to commencement
of backfilling,
d) substantial completion of structural framing and ductwork and piping for
heating and air-conditioning systems, if the building is within the scope of
Part 9,
e) substantial completion of structural framing and roughing-in of heating
ventilation, air-conditioning and air-contaminant extraction equipment, if
the building is not a building to which Clause (d) applies,
f) substantial completion of insulation, vapour barriers and air barriers,
g) substantial completion of all required fire separations and closures and all
fire protection systems including standpipe, sprinkler, fire alarm and
emergency lighting systems,
h) substantial completion of fire access routes,
i) readiness for inspection and testing of:
- building sewers and building drains,
- water service pipes,
- fire service mains,
- drainage systems and venting systems,
- the water distribution system, and
- plumbing fixtures and plumbing appliances,
j) readiness for inspection of suction and gravity outlets, covers and suction
piping serving outlets of an outdoor pool described in Clause 1.3.1.1.(1)(j)
of Division C of the Ontario Building Code, a public pool or a public spa,
k) substantial completion of the circulation/re-circulation system of an outdoor
pool described in Clause 1.3.1.1.(1)(j) of Division C of the Ontario Building
Code, a public pool or public spa and substantial completion of the pool
before it is first filled with water,
l) substantial completion of installation of plumbing not located in a structure
before the commencement of backfilling, and
m) completion of construction and installation of components required to
permit the issue of an Occupancy Permit under Sentence 1.3.3.1.(2) of
Division C of the Ontario Building Code, or to permit occupancy under
Sentence 1.3.3.2.(1) of Division C, if the building or part of the building to
be occupied is not fully completed.