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Middlesex Centre By-Law 2023-098
Page 1 of 17
Municipality of Middlesex Centre
BY-LAW 2023-098
Being a By-law concerning the issuance of permits for construction,
demolition, occupancy, change of use, on-site sewage systems, conditional
permits, inspections, the charging for permit fees, and other related matters
within the Municipality of Middlesex Centre
WHEREAS Section 3(1) of the Building Code Act, S.O. 1992, c. 23, as amended or
replaced, provides that the municipal Council of each municipality is responsible for the
enforcement of the Building Code Act, S.O. 1992, c. 23, inclusive of its regulations, as
amended or replaced (hereinafter collectively referred to as the "Act");
AND WHEREAS Section 7 of the Act authorizes the Council of a municipality to pass by-
laws concerning the issuance of permits for construction, demolition, occupancy, change
of use, on-site sewage systems, conditional permits, inspections, the charging for permit
fees and other related matters;
AND WHEREAS Sections 8, 9, and 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended or replaced (hereinafter referred to as the "Municipal Act") authorizes
municipalities to pass by-laws necessary or desirable for municipal purposes, and in
particular, paragraphs 3, 5, 6 and 8 of subsection 11(2) authorizes by-laws respecting the
financial management of the municipality, the economic, social, and environmental
wellbeing of a municipality, the health, safety and well-being of persons, and the
protection of persons and property.
AND WHEREAS Council for the Municipality of Middlesex Centre (hereinafter referred to
as the "Municipality") desires to provide for the issuance of permits and related matters
under the Act, including its regulations, to obtain sufficient information from applicants to
determine compliance with the Act and applicable laws, for the purpose of providing for
the safety and health of the public at large through compliant construction, demolition and
other matters under the Act, and to fix fees covering the full costs of services provided;
AND WHEREAS Council for the Municipality deems expedient and in the best interests
of public safety to regulate the construction of pools;
AND WHEREAS Section 391 of the Municipal Act authorizes a municipality to pass by-
laws to impose fees or charges on persons for services provided done by or on behalf of
the municipality.
AND WHEREAS Section 425 of Municipal Act provides that a municipality may pass by-
laws providing that a person who contravenes a by-law of the municipality is guilty of an
offence;
AND WHEREAS Section 429(1) of the Municipal Act provides that a municipality may
establish a system of fines for by-laws passed by the municipality which are in accordance
with and complimentary with fine provisions set out in other applicable provincial
legislation, such as the Act;
AND WHEREAS Section 36 of the Building Code Act provides a broad framework of
penalties for offences, including without limitation, first-time offences, repeated offences,
cases involving corporations, continuing offences and non-compliance with Chief Building
Official orders, which provide for maximum penalties of $50,000.00 for a first offence and
Middlesex Centre By-Law 2023-098
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$100,000.00 for subsequent offences for persons, and $500,000.00 for a first offence and
$1,500,000.00 for subsequent offences by corporations;
AND WHEREAS The Municipality furthers the above noted framework of penalties for
offences on a discretionary enforcement basis through the Provincial Offences Act,
R.S.O. 1990, c. P.33, s.61, as amended or replaced (hereinafter referred to as the
"Provincial Offences Act") by Municipal By-law Officers, as defined herein, which are
"provincial offences officers" as defined under the Provincial Offences Act;
AND WHEREAS Subsections 446(1-8) and 432.2(2) of the Municipal Act provide that a
municipality may cause itself and/or its agents to perform any actions or complete any
repairs to remedy the commission of a by-law offence committed and that a lower-tier
municipality may cause any expense incurred by itself and its authorized agents to
address the commission of the offence or any unpaid fine to be added to the tax roll of
property by the local municipality where the land is situate and be collected in like manner
as municipal taxes.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Middlesex Centre hereby enacts as follows:
1.
Short Title
This by-law may be cited as the "Building By-law".
2.
Incorporation of Recitals
The above recitals are hereby incorporated into this By-law.
3.
Definitions
3.1
In addition to terms defined in the incorporated recitals to this By-law, the
following terms have the following meanings in this By-law;
3.1.1 "Act" means the Building Code Act, S.O. 1992, Chapter 23, inclusive
of its regulations, as amended or replaced;
3.1.2 "Architect" means an architect as defined in the Building Code;
3.1.3 "Applicant" means the owner of a property or building, who applies
for a permit or any person authorized by the owner to apply for a
permit on the owner's behalf;
3.1.4 "As constructed plans" means as constructed plans as defined in the
Building Code;
3.1.5 "Building" means a building as defined in section 1.(1) of the Act;
3.1.6 "Building Code" means the regulations made under Section 34 of the
Act;
3.1.7 "drainage system" means any: drainage system, as defined in the
Building Code, as amended or replaced therein, which at the time of
passing of this By-law, is an assembly of pipes, fittings, fixtures, and
appurtenances on a property that sewage and clear water waste to
a main sewer or private sewage disposal system, and includes a
private sewer, but does not include subsoil drainage piping.
3.1.8 "Chief Building Official" means the Chief Building Official appointed
by The Municipality of Middlesex Centre for the purposes of
enforcement of the Act.
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3.1.9 "Engineer" means a professional engineer as defined in the Building
Code;
3.1.10 "farm building" means a farm building as defined in the Building
Code;
3.1.11 "Inspector" means a Building Inspector, Deputy Chief Building
Official and Chief Building Official, appointed by by-law of The
Municipality of Middlesex Centre for the purposes of enforcement of
the Act;
3.1.12 "Municipal Law Enforcement Officer" means:
a.
Building Inspector appointed by the Council of the Municipality
b.
Chief Building Official as appointed by the Council of the
Municipality;
c.
a Deputy Chief Building Official as appointed by the Council
of the Municipality;
d.
a by-law enforcement officer appointed by Municipality whose
responsibilities include the enforcement of this By-law;
e.
a police officer; and
f.
any other officer, employee or agent of any municipality or any
local board of any municipality whose responsibilities includes
the enforcement of this By-law;
each of whom are "provincial offences officers", as defined in the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended or
replaced.
3.1.13 "owner" means the person registered as the owner on title to the
land, and includes a person who has the right under an agreement
or statute to carry out demolition or other work under a permit as if
he/she were the registered owner
3.1.14 "Municipality" means the Municipality of Middlesex Centre
3.1.15 "Permit" means written permission or authorization from the Chief
Building Official to perform work regulated by the by-law and the
Building Code Act;
3.1.16 "plumbing" has the same meaning as defined in section 1(1) of the
Act and the Building Code, as amended or replaced therein, which
at the time of passing of this By-law is a drainage system, venting
system, and a water system or parts thereof;
3.1.17 "prescribed forms" means forms prescribed and made available by
the Ministry of Municipal Affairs and Housing. These forms include:
Building permit applications, Schedules 1, 2 and Order forms;
3.1.18 "remote inspections" means the conducting of an inspection, listed in
Schedule "A" attached to this By-law, by an Inspector by viewing
information provided from a third party rather than personally
attending a construction site;
3.1.19 "Required Connections" means the required connections set out in
subsection 9.31.3.2 (1) of the Building Code, as amended or
replaced therein, which at the time of the passing of this By-law, is in
a dwelling unit with a water distribution system, piping for hot and
cold water shall be connected to every kitchen sink, lavatory,
bathtub, shower, slop sink and laundry area.
Middlesex Centre By-Law 2023-098
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3.1.20 "sewage" has the meaning of sewage, as defined in the Building
Code, as amended or replaced therein, which at the time of passing
of this By-law, is sanitary sewage or storm sewage as defined in the
Building Code.
3.1.21 "sewage system" has the meaning of sewage system, as defined in
the Building Code, as amended or replaced therein, which at the time
of passing of this By-law, is:
a.
a chemical toilet, an incinerating toilet, a recirculating toilet, a
self-contained portable toilet and all forms of privy, including
a portable privy, an earth pit privy, a pail privy, a privy vault
and a composting toilet system,
b.
a greywater system,
c.
a cesspool,
d.
a leaching bed system, or
e.
a system that requires or uses a holding tank for the retention
of hauled sewage at the site where it is produced before its
collection by a hauled sewage system;
where these,
i. have a design capacity of 10,000 litres per day or less,
ii. have, in total, a design capacity of 10,000 litres per day or
less, where more than one of these are located on a lot or
parcel of land, and
iii. are located wholly within the boundaries of the lot or parcel
of land on which is located the building or buildings they
serve.
3.1.22 "Surface Drainage" means the requirements set out in subsection
9.14.6.1 (1) of the Building Code, as amended or replaced; and
3.1.23 "swimming pool" shall mean any structure, basin, chamber or tank
capable of containing an artificial body of water with a depth greater
than 60 centimetres (24 inches), and which is used for swimming,
diving or recreational bathing;
3.2
Terms not defined in this by-law shall have the meaning ascribed to them
in the Act or the Building Code, as amended or replaced.
4.
Classes of Permits
The following classes of permits exist within the Municipality:
4.1
Building (construction) Permit
This permit is generally used for all types of new construction governed by
the Building Code, including (but not limited to) renovation, farm buildings
and signs.
4.2
Demolition Permit
This permit governs both the type and method of demolition under the
Building Code.
4.3
Swimming Pool Permit
This permit governs the installation/construction of swimming pools in order
to confirm that pool location and fencing meet the by-laws of the
Municipality. Swimming Pool Permits will be required for all pools with the
Middlesex Centre By-Law 2023-098
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exception of inflatable pools with a maximum depth capacity of 1.2 metres
of water or less.
4.4
Conditional Permit (Section 8(3) of the Act)
This 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 Subsection 8(2) of the Act have not been met.
4.5
Change of Use Permit (Section 10(1) of the Act)
This permit is used where a change in use resulting in an increase in hazard
(as determined under the Building Code) will take place, even though no
construction is proposed.
4.6
Sewage System Permit
This permit is used for all sewage system applications, including new
systems and the repair of existing sewage systems.
5.
Revision to Permit
After the issuance of a permit, 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 - any such change is
not to be made without written authorization from the Chief Building Official.
6.
Application for Permit
6.1
No person shall construct, demolish, or cause to be constructed or
demolished a building or swimming pool, within the municipality, unless a
permit has been issued for the construction or demolition by the Chief
Building Official.
6.2
To obtain a permit, the owner, or agent authorized in writing by the owner,
shall submit the prescribed application form to the Chief Building Official in
hard copy or through an online electronic version acceptable to the Chief
Building Official. A complete application shall include the completion of the
prescribed form, along with information outlined within section six (6) of this
By-law. The same prescribed form shall be used for all permit applications.
7.
Building (constructions), Demolition, Swimming Pool, Conditional, Sewage
System and Change of Use Permits
Every application for a permit shall be submitted either through the online
application system or by paper using the prescribed form, and shall contain the
following information for the application to be considered as a complete
application:
7.1
Where an application is made for a building (construction) permit under
Subsection 8(1) of the Act, the application shall:
7.1.1 Identify and describe in detail the work and occupancy to be covered
by the permit for which application is made;
7.1.2 Describe the land on which the work is to be done, by a description
that will readily identify and locate the building lot;
7.1.3 Include complete plans and specifications as described in section 9
and 10 of this By-law for the work to be covered by the permit, and
show the occupancy of all parts of the building;
Middlesex Centre By-Law 2023-098
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7.1.4 State the valuation of the proposed work including materials and
labour;
7.1.5 State the names, addresses and telephone numbers of the owner,
architect or engineer, where applicable, or other designer or
constructor;
7.1.6 Be accompanied by a written acknowledgement of the owner that he
has retained an architect or professional engineer to carry out the
field review of the construction as described in the regulations where
required under the Act or Building Code;
7.1.7 Be signed by the owner or his or her authorized agent who shall
certify the truth of the contents of the application;
7.1.8 Be accompanied by a completed Schedule 1 prescribed form; and
7.1.9 Be accompanied by an Energy Efficiency Design Summary form as
provided in Schedule "C" to this By-law.
7.2
Where an application is made for a demolition permit under Subsection 8
(1) of the Act, the application shall:
7.2.1 contain the information required by Section 6.1.1 to 6.1.8 above;
7.2.2 be accompanied by satisfactory proof that arrangements have been
made with the proper authorities for the cutting off and/or plugging of
all water, sewer, gas, electric, telephone or other utilities and
services;
7.2.3 be accompanied by evidence that the demolition will be overseen by
qualified individuals when such is required by the Building Code, and
7.2.4 describe the method of demolition, including the methods of
discarding waste material and location of where waste material is to
be taken.
7.3
Where an application is made for a swimming pool permit, the application
shall:
7.3.1 contain the information required by section 6.1.1 to 6.1.8 above;
7.3.2 contain a site plan based on safety (Municipal Act) jurisdiction
indicating:
proposed swimming pool and any concrete decking locations;
the location of any related pool equipment;
the grading on the property. For swimming pools in residential
areas, the site plan shall include drainage system, grading
and drainage specifications stamped by a professional
engineer, confirming that the proposed drainage and grading
complies with sound engineering design.
that the fencing of the pool area will comply with the
municipality's pool fencing requirements.
7.3.3 Swimming Pool Permits will not be required for inflatable pools with
a maximum depth capacity of 1.2 metres of water or less or for hot
tubs with lockable covers.
7.4
Where an application is made for a conditional permit under Subsection 8(3)
of the Act, the application shall:
Middlesex Centre By-Law 2023-098
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7.4.1 contain the information required by 6.1.1 to 6.1.8 above;
7.4.2 contain such other information, plans and specifications concerning
the complete project as the Chief Building Official may require;
7.4.3 state the reasons why the applicant believes that unreasonable
delays in construction would occur if a conditional permit was not to
be granted;
7.4.4 state the necessary approvals which must be obtained in respect of
the proposed building and the time in which such approvals will be
obtained; and
7.4.5 state the time in which plans and specifications of the complete
building will be filed with the Chief Building Official.
7.5
Where an application is made for a conditional permit under 8(3) of the Act,
the owner shall enter into a written agreement with the municipality prior to
the issuance of the permit.
7.6
Where an application is made for a sewage system permit under Subsection
8(1) of the Act, the application shall:
7.6.1 Contain information required by 6.1.1 to 6.1.8 above;
7.6.2 Include the name, address, telephone number and Building Code
Identification Number (B.C.I.N) of the person installing and designing
the sewage system;
7.6.3 Contain a site evaluation, as described in the Building Code and a
sewage system design, to be prepared by a qualified engineer. At
the discretion of the Chief Building Official, this evaluation may be
conducted by the homeowner or licensed sewage system contractor;
7.6.4 Be accompanied by a completed Schedule 2 prescribed form;
7.7
Where an application is made for a change of use permit under Subsection
10 (1) of the Act, the application shall:
7.7.1 Contain information required by 6.1.1 to 6.1.8 above;
7.7.2 Identify and describe in detail the current and proposed occupancies
of the building or part of a building for which the application is made,
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 sewage system
impacts (if applicable)
8.
Occupancy Permit
Where the requirements of the Building Code with respect to occupancy have been
met, an occupancy permit shall be issued by the Chief Building Official or a person
designated by the Chief Building Official
8.1
No person shall occupy, or permit the occupancy of a building or parts
thereof until an occupancy permit authorizing the occupancy of the said
building has been issued.
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9.
Equivalents
Where an application for a permit or for authorization to make a material change
to a plan, specification, document or other information on the basis of which a
permit was issued, contains an equivalent material, system or building design for
which authorization under Section 9 of the Act is requested, the following
information shall be provided:
9.1
A description of the proposed material, system or building design for which
authorization under Section 9 is requested;
9.2
Any applicable provisions of the Building Code; and
9.3
Evidence that the proposed material, system or building design will provide
the level of performance required by the Building Code.
10.
Plans and Specifications
Sufficient information shall be submitted with each application for a permit to
enable the Chief Building Official to determine whether or not the proposed
construction, demolition or change of use will conform with the Act, the Building
Code and any other applicable law. The permit applicant shall illustrate that
sewage and Surface Drainage does not negatively impact any neighbouring or
receiving property. Each application shall, unless otherwise specified by the Chief
Building Official, be a complete set of the plans and specifications required under
this By-law. Plans shall be drawn to scale in a digital format, shall be legible, and
without limiting the generality of the foregoing, shall include:
a.
Site plan, as outlined in section 11 of this By-law;
b.
Floor plans, for each level, whether finished or unfinished, to include the %
of windows on each exterior wall;
c.
Foundation plans;
d.
Framing plans;
e.
Roof plans, including truss drawings stamped by an engineer and layout
drawings signed by the building's designer as being reviewed;
f.
Reflected ceiling plans;
g.
Sections and details;
h.
Building elevations;
i.
Electrical drawings;
j.
Heating, ventilation and air conditioning, including heat loss calculations
k.
One or more of the following to ensure appropriate plumbing and Surface
Drainage at the discretion of the Chief Building Official:
i.
site servicing plan prepared by a professional engineer;
ii.
overall grading plan prepared and stamped by a professional
engineer which shall include details of the entire property on which
the proposed structure may be permitted and lands beyond the
property line;
iii.
a drainage system plan/report prepared and stamped by a
professional engineer;
Middlesex Centre By-Law 2023-098
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l.
geotechnical reports to ensure appropriate design of footings;
m.
hydrogeological reports to ensure adequate water supply for the building
and meeting of Required Connections by the Building Code, as amended
ore replaced;
n.
sewage system drawings; and
o.
any other more specific plans the Chief Building Official deems to be
required to accompany an application for a permit, at his or her discretion;
all to the satisfaction of the Chief Building Official for a building permit to be
deemed completed. The Chief Building Official may at his or her discretion, specify
that not all the above mentioned plans are required or that other more specific
plans be required to accompany an application for a permit.
11.
The Site Plan
Site plans based on Act and safety (Municipal Act) jurisdiction may be requested
to reference an up-to-date survey be provided by an applicant to the Chief Building
Official in order to demonstrate compliance with the Act, the Building Code, other
applicable law, or safety regulations.
Site Plans shall show:
a.
lot size and the dimensions of the proposed building/swimming pool,
including setbacks to property lines and any other existing or proposed
buildings;
b.
existing and finished sewage system, plumbing, Required Connections,
Surface Drainage (including without limitation, ground levels, and grades);
and
c.
if required by the Chief Building Official, a foundation and/or lot grading plan
prepared by a professional engineer or by an Ontario Land Surveyor and
certified by a professional; and
d.
existing rights-of-way, easements and municipal services.
12.
Building Certification
12.1 The Chief Building Official may request that a professional engineer or an
Ontario Land Surveyor, at the footing and/or foundation stages of
construction of a structure, certify that the elevation or location of the
building are in general conformity with the Building Code and the approved
grading plan.
12.2 The Chief Building Official may request that a professional engineer or
Ontario Land Surveyor, at completion of construction, certify that the final
building and ground elevations are in general conformity with the approved
plan.
13.
Payment of Fees
13.1 Fees for a permit shall be as set out in the Municipality's in force Fees By-
law (which is updated on an annual basis by the Municipality) and are to be
paid in full prior to the issuance of a permit. The collection, reporting,
changing and administration of fees shall be in accordance with the Act and
Municipal Act, as applicable.
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13.2 Where fees payable in respect of an application for a permit are based on
a floor area, floor area shall mean the total finished floor space of all stories
subject application.
13.3 Where fees payable in respect of an application for a permit are based on
a floor area for an unfinished building, such as a garage or drive shed, floor
area shall mean the total area of the subject building.
14.
Refunds
In the case of withdrawal of an application or the abandonment of all or a portion
of the work or the non-commencement of any project, the Chief Building Official
shall determine the amount of paid permit fees that may be refunded to the
applicant, if any, in accordance with Schedule "B" attached to and forming part of
this by-law.
15.
Notice Requirements for Inspections
The owner or an authorized agent shall notify the Chief Building Official, at least
one business day, prior to each stage of construction for which notice in advance
is required under the Building Code and Schedule "A" of this By-law.
16.
Remote Inspections
At the discretion of an inspector, an inspection may be conducted as a remote
inspection when the inspector may not be able to attend a construction site to do
an inspection in person. The form of a remote inspection may take various forms
including the exchange of pictures, videos, live video calls, or other forms of
technical media, which may satisfy an inspector who is in communication with a
builder or contractor.
17.
As Constructed Plans
The Chief Building Official may require that a set of as constructed plans for any
class of building be filed with the Chief Building Official upon completion of
construction.
18.
Fencing
If so directed by the Chief Building Official, the following are provisions concerning
fences to be erected and maintained during construction authorized by a permit:
18.1 The person to whom a building permit is issued in respect of construction
which will take place at a construction site shall erect or cause to be erected
and maintained a fence enclosing the construction site in accordance with
the provisions of this by-law.
18.2 Where there is fencing on or adjoining a construction site prior to the
application for a building permit in respect of that site, such fencing may be
deemed to be in compliance with this by-law provided it is extended along
the entire perimeter of the construction site as determined by the Chief
Building Official and the extended fencing is erected in accordance with this
By-law.
18.3 The height of every fence required by section 18 of this by-law shall be a
minimum of 4 feet (1.2 metres) and a maximum of 6 feet (1.8 metres) in
height, to be measured from the highest adjacent grade.
18.4 The materials used in construction of a fence required under section 18 of
this by-law shall be of sound and durable material able to withstand up to
Middlesex Centre By-Law 2023-098
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250 pounds applied vertically at any point, and fastened/supported
appropriately.
19.
Transfer of Permits
Permits are transferable only upon the new owner completing a permit application
to the requirements of Section 5 of this by-law and in accordance with the Act.
20.
Order by Inspector or Chief Building Official
Orders may be issued under the authority of the Act and this by-law by an Inspector
or Chief Building Official in order to ensure compliance with the Act, Building Code
or this By-law.
20.1 No person shall remove an order posted by an Inspector or Chief Building
Official.
20.2 No person shall fail to comply with a term of an order.
20.3 No person shall perform or permit any actions in the construction or
demolition of a building in which a stop work order has been issued.
21.
Enforcement
21.1 An officer may enforce the provisions of this by-law.
22.
Offences, Penalties, and Enforcement
22.1 Any person or corporation who contravenes any provision of this By-law is
guilty of an offence, and upon conviction in a Part I proceeding under the
Provincial Offences Act, shall be liable for a fine as set out as set out in
Schedule "E", Set Fines, to this By-law.
22.2 Any person or corporation who contravenes any provision of this By-law is
guilty of an offence, and upon conviction in a Part III proceeding under the
Provincial Offences Act, shall be liable for a penalty in accordance with
section 36 of the Act, which provides for maximum penalties of $50,000.00
for a first offence and $100,000.00 for subsequent offences for persons, and
$500,000.00 for a first offence and $1,500,000.00 for subsequent offences
by corporations, exclusive of costs.
22.3 In addition to subsections 21.1 and 21.2 above, every person (individual or
corporation) who fails to comply with an Order made by a Chief Building
Official under the authority of the Act (as set out in section 19 of this By-law)
is guilty of an offence, which is hereby designated a 'continuing offence'
pursuant to section 429(2)(a) of the Municipal Act for each day the order
has not been complied with. In the event the Municipality furthers
enforcement of this offence of failure to comply with an Order through a By-
law prosecution commenced under Part III of the Provincial Offences Act,
in addition to the penalties in section 36 of the Building Code Act, the
offender upon conviction, is liable to a fine of not more than $10,000.00 per
day for every day the offence continues after the time given for complying
with the order has expired.
22.4 As set out in section 431 of the Municipal Act, and in addition to any other
enforcement, remedy or penalty provided for in this By-law, where a
conviction has been entered in Part III proceedings under the Provincial
Offences Act, the court which enters the conviction and/or any court of
competent jurisdiction thereafter may make an order prohibiting the
Middlesex Centre By-Law 2023-098
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continuation or repetition of the offence by the person (individual and/or
corporation) convicted.
23.
Severability
23.1 In the event that any provision or part of this By-Law is found to be invalid
or unenforceable for any reason whatsoever, then the particular provision
or part thereof shall be deemed to be severed from the remainder of the By-
Law and all other provisions or parts thereof shall remain in full force and
shall be valid and enforceable to the fullest extent permitted by law.
24.
Repealed By-laws & Force in Effect
24.1 That By-law No. 2012-008, passed by the Council of Middlesex Centre on
the 18th day of January, 2012 be hereby repealed.
25.
Code of Conduct
25.1 The code of conduct and associated policies as required under section 7.1
of the Act are set out in Schedule "D" of this by-law
READ A FIRST, SECOND AND THIRD TIME and FINALLY PASSED on this 6th day of
September, 2023
Mayor
Clerk
Original Signed
Original Signed
Middlesex Centre By-Law 2023-098
Page 13 of 17
SCHEDULE "A"
TO BY-LAW NUMBER 2023-098
REQUIRED INSPECTION
The Chief Building Official shall be given one business day notice for the following
inspections:
1.
Excavation
2.
Footings - prior to pouring concrete
3.
Sewage system - excavation
4.
Water service - connection and pressure test before backfill
5.
Storm - Private Drain Connection - piping material and test before backfill
6.
Sanitary P.D.C. - piping material and test before backfill
7.
Foundation - drainage layer, dampproofing, drainage tiles, stone layer
support- before backfill
8.
Framing - inspection of walls, floors, roof, bracing, exterior cladding, etc.
before work is covered by insulation, drywall, etc.
9.
Plumbing - basework, upper/lower rough-ins, final tests
10.
Insulation / Vapour Barrier/Air Barrier - prior to covering
11.
Heating and ventilation - rough-in
12.
Sewage system - completion of installation before backfill
13.
Occupancy - prior to occupancy of any part of a residential building
14.
Final building - upon substantial completion of building and prior to
occupancy of any building
15.
Final - Septic System - prior to backfilling system and also prior to use of
sewage system
16.
Final - Pool - upon Completion of fencing and no later than seven days
after pool has been filled
17.
Solid Fuel Burning Appliances - including construction of flue, chimney and
hearth
18.
Other inspections - prior to any other inspections as may be noted on the
building permit or required by the Building Code (such as, but not limited to
fire separations and closures and fire protection systems)
Middlesex Centre By-Law 2023-098
Page 14 of 17
SCHEDULE "B"
TO BY-LAW NUMBER 2023-098
REFUNDS
Status of Permit Application
Percentage of Fee Eligible for Refund
1. Application Filed.
No processing or review of plans
submitted
90 - 100%
2. Application Filed.
Plans reviewed and permit issued
60 - 70%, but not less $200.00
3. Additional deduction from number 2
above for each field inspection
10%
4. Permits with fees of $200.00 or less
0%
Middlesex Centre By-Law 2023-098
Page 15 of 17
SCHEDULE "C"
TO BY-LAW NUMBER 2023-098
FORMS
1.
Energy Efficiency Design Summary
2.
Occupancy Permit
3.
Schedule One
4.
Schedule Two
5.
Demolition Acknowledgement Sheet
(Forms are available on the municipal website under "Building Permits")
Middlesex Centre By-Law 2023-098
Page 16 of 17
SCHEDULE "D"
TO BY-LAW NUMBER 2023-098
CODE OF CONDUCT FOR BUILDING OFFICIALS
Preamble
The Code of Conduct applies to the Chief Building Official and Inspectors appointed under
the Building Code Act in the exercise of a power or the performance of a duty under the
Building Code Act of the Building Code.
Purpose
The purpose of the code of conduct is to promote appropriate standards of behavior and
enforcement actions to ensure that building officials apply standards of honesty and
integrity, and to prevent practices constituting an abuse of power, including unethical or
illegal practices.
Standards of Conduct
Building Officials shall undertake:
1.
To always act in the public interest, particularly with respect to the safety of
buildings and structures.
2.
Not to act where there may be, or where there may reasonably appear to
be, a conflict between their duties to their employer, their profession, their
peers, the public at large and their personal interests.
3.
To apply known relevant building by-laws, codes, and standards
appropriately and without favour.
4.
To perform their duties impartially and in accordance with the highest
professional standards.
5.
At all times to abide by the highest moral and ethical standards, and to avoid
any conduct which may bring Building Officials into disrepute.
6.
To comply with the provisions of the Building Code Act, the Ontario Building
Code, and other Acts or Laws which regulate or govern Building Officials or
their functions.
7.
Not to act beyond their personal level of competence or outside their area
of expertise.
8.
To maintain current accreditation to act as an Ontario Building Official.
9.
To extend professional courtesy to all.
Breaches of the Code of Conduct
The Ontario Building Code Act provides that the performances of Building Officials will be
measured against this Code of Conduct. The Municipal Administration will review
allegations brought forward, in writing, that the Code of Conduct has been breached.
Disciplinary action arising from violations of this Code of Conduct is the responsibility of
the Municipality, and will be based on the severity and frequency of the violations in
accordance with relevant employment standards.
Middlesex Centre By-Law 2023-098
Page 17 of 17
SCHEDULE "E"
MUNICIPALITY OF MIDDLESEX CENTRE
TO BY-LAW NUMBER 2023-098
SET FINES
PART I PROVINCIAL OFFENCES ACT
ITEM
COLUMN 1
SHORT FORM WORDING
COLUMN 2
PROVISION
CREATING OR
DEFINING
OFFENCE
COLUMN 3
SET FINE
1.
Construct building without permit
Section 6.1
$500.00
2.
Construct swimming pool without
permit
Section 6.1
$500.00
3.
Demolish building without permit
Section 6.1
$500.00
4.
Occupy without occupancy permit
Section 8.1
$750.00
5.
Remove posted order
Section 20.1
$300.00
6.
Fail to comply with an order
Section 20.2
$500.00
7.
Fail to comply with a stop work order
Section 20.3
$1,000.00
THE PENALTY PROVISION FOR THE OFFENCES CITED ABOVE IS SECTION 22.1
OF BY-LAW NUMBER 2023-098, A CERTIFIED COPY OF WHICH HAS BEEN FILED.
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
WEST REGION
80 DUNDAS STREET, 10th FLOOR, UNIT L
LONDON, ONTARIO N6A 6A8
OO
CABINET DU JUGE PRINCIPAL RÉGIONAL
COUR DE JUSTICE DE L'ONTARIO
RÉGION DE L'OUEST
80, RUE DUNDAS, 10e ÉTAGE, UNITÉ L
LONDON (ONTARIO) N6A 6A8
TELEPHONE/TÉLÉPHONE (519) 660-2292
FAX/TÉLÉCOPIEUR (519) 660-3138
December 29, 2023
James Hutson
10227 Ilderton Road
Ilderton, Ontario N0M 2A0
Dear Mr Hutson
Re: Set Fines - Provincial Offences Act - Part 1 By-law 2023-098, Building
By-Law
Enclosed herewith is the Part 1 original Order and original schedule of set fines for
the above referenced Bylaw, the Bylaw indicated in the schedules.
The setting of the fines does not constitute my approval of the short form of wording
used to describe the offences.
Please ensure that a copy of the said documents is forwarded to the Provincial
Offences Court in London, together with a certified copy of the Bylaw.
Yours truly,
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Encl.
/tz
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each
of the offences in the schedule of offences under the Provincial Statutes
and Regulations thereunder and By-law 2023-098 of the Municipality of
Middlesex Centre attached hereto are the set fines for those offences.
This Order is to take effect December 29, 2023.
Dated at London this 29th day of December 2023.
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
SCHEDULE "E"
MUNICIPALITY OF MIDDLESEX CENTRE
TO BY-LAW NUMBER 2023-098: BUILDING BY-LAW
SET FINES
PART I PROVINCIAL OFFENCES ACT
ITEM
COLUMN 1
SHORT FORM WORDING
COLUMN 2
PROVISION
CREATING OR
DEFINING
OFFENCE
COLUMN 3
SET FINE
1.
Construct building without permit
Section 6.1
$500.00
2.
Construct swimming pool without
permit
Section 6.1
$500.00
3.
Demolish building without permit
Section 6.1
$500.00
4.
Occupy without occupancy permit
Section 8.1
$750.00
5.
Remove posted order
Section 20.1
$300.00
6.
Fail to comply with an order
Section 20.2
$500.00
7.
Fail to comply with a stop work order
Section 20.3
$1,000.00
THE PENALTY PROVISION FOR THE OFFENCES CITED ABOVE IS SECTION 22.1
OF BY-LAW NUMBER 2023-098, A CERTIFIED COPY OF WHICH HAS BEEN FILED.
Middlesex Centre By-Law 2023-098
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