This is the exact embedded text of the captured official document.
Snapshot c64d3b17b7ee · verified 2026-09-25 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES
BY-LAW NUMBER 2025-137
As amended by By-law 2026-003
Being a by-law respecting construction, demolition,
change of use, conditional permits, sewage systems,
inspections and administration
WHEREAS Section 7 of the Building Code Act, S.O. 1992. c.23, as amended, empowers
Council to pass certain by-laws respecting construction, demolition, change of use,
conditional permits, sewage systems and inspections,
AND WHEREAS the Council of each municipality is responsible for the enforcement of
this Act in the municipality;
AND WHEREAS Section 391 of the Municipal Act S.O. 2001, c.25 as amended, a
municipality may pass by-laws imposing fees or charges for services of activities provided
or done by or on behalf of it;
AND WHEREAS Sections 8, 9, & 10 of the Municipal Act S.O., 2001 c.25 as amended
gives broad authority to the Municipality to enable them to govern their affairs as they
consider appropriate and to enhance their ability to respond to municipal issues.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
MUSKOKA LAKES ENACTS AS FOLLOWS:
1.
SHORT TITLE
1.1
This By-law may be cited as the "Building By-law".
2.
DEFINITIONS
2.1
In this By-law,
2.1.1 "Act" means the Building Code Act, 1992, as amended, including
amendments thereto .2.1.2 "As Constructed Plans" means as
constructed plans as defined in the Building Code.
2.1.2 "Building" means a building as defined in Section 1(1) of the Act.
2.1.3 "Building Area" means the greatest horizontal area of a building
within the outside surface of the exterior walls, or within the outside of
exterior walls occupied by the building and the centre line of firewalls
within the building.
2.1.4 "Building Code" means the regulations made under Section 34 of the
Act.
2.1.5 "Chief Building Official" or CBO means the Chief Building Official
appointed by a by-law of the Corporation of the Township of
Muskoka Lakes for the purposes of enforcement of the Act.
2.1.6 "Conditional Permit" means a permit as identified by section 8(3) of
the Building Code Act and all applicable agreements.
2.1.7 "Corporation" means the Corporation of the Township of Muskoka
Lakes.
2.1.8 "Farm building" means a farm building as defined in the Building
Code.
By-law Number 2025-137 - Page 2
2.1.9 "Permit" means written permission or written authorization from the
Chief Building Official to perform work regulated by this by-law and
the Act.
2.1.10 "Plumbing" means plumbing as defined in Section 1(1) of the Act.
2.1.11 "Sewage system" means a sewage system as defined in the Building
Code.
2.1.12 "Special Inspection" means an inspection that is requested and
carried out not in connection with a permit, at the discretion of the
chief Building Official or inspections requested on permits that are
more than four (4) years old.
3.
CLASSES OF PERMITS
3.1
Classes of permits with respect to the construction, demolition, change of
use of buildings, and conditional permits and permit fees shall be as set out
in Schedule "H" to the Corporation of the Township of Muskoka Lakes
Municipal Fees & Charges By-law, as amended.
3.2
The Council hereby delegates authority to the CBO to create and use
additional classes of permits if the necessity for such additional classes
becomes apparent.
3.3
The Council hereby authorizes the CBO to issue a single permit which
authorizes work in one or more classes, at the sole discretion of the CBO.
4.
REQUIREMENTS FOR APPLICATIONS
4.1
The Application
4.1.1 To obtain a permit, the owner or an agent authorized by the owner,
shall file with the Chief Building Official an application in writing by
completing the appropriate form as prescribed by the Province of
Ontario.
4.2
Building, Conditional and Demolition Permits
4.2.1 Where application is made for a building permit under
Subsection 8(1) of the Act, the application shall:
4.2.1.1 Identify and describe in detail the work and occupancy to be
covered by the permit for which application is made,
4.2.1.2 Describe the land on which the work is to be done, by a description
that will readily identify and locate the building lot,
4.2.1.3 Include a complete set of plans and specifications for the work to be
covered by the permit and show the occupancy of all parts of the
building,
4.2.1.4 State the valuation of the proposed work including materials and
labour and be accompanied by the required fee,
4.2.1.5 State the names, addresses and telephone numbers of the owner
and of the architect or engineer, where applicable, or other
designers or contractors,
4.2.1.6 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 where required by the Building Code,
and
By-law Number 2025-137 - Page 3
4.2.1.7 Be signed by the owner or his or her authorized agent who shall
certify the truth of the contents of the application.
4.2.1.8 Be accompanied by fees in the amount of the building permit fee
determined in accordance with the Municipal Fees and Charges By-
law by the Chief Building Official.
4.2.1.9 Where applications to redevelop Legal Non-Complying buildings and
structures are submitted they shall be accompanied by
documentation prepared by an Ontario Land Surveyor in the form of
a survey and Surveyor's Real Property Report evidencing the
complete extent of the Legal Non-Complying building and structures.
4.2.2 Where application is made for a demolition permit under Subsection 8(1) of
the Act, the application shall,
4.2.2.1 Contain the information required by clauses 4.2.1.1 to 4.2.1.9; and
4.2.2.2 May be required to be accompanied by satisfactory proof that
arrangements have been made with the proper authorities for the
cutting off and plugging of all water, sewer, electric, communications
or other utilities and services.
4.2.3 Where application is made for a conditional permit under Subsection 8(3) of
the Act, the application shall:
4.2.3.1 Contain the information required by clauses 4.2.1.1 to 4.2.1.9,
4.2.3.2 Demonstrate compliance with by-laws passed under sections 34 and
38 of the Planning Act and with such other applicable law as set out
in the Building Code in respect of the proposed building or
construction.
4.2.3.3 Contain such other information, plans and specifications concerning
the complete project as the Chief Building Official may require,
4.2.3.4 State the reasons why the applicant believes that unreasonable
delays in construction would occur if a conditional permit is not
granted,
4.2.3.5 Provide in writing that the applicant is committed to entering into an
agreement as described in clause 8(3)(c) of the Act, including
submission of a monetary security as described in the Act.
4.2.3.6 State the necessary approvals which must be obtained in respect of
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.
4.2.3.8 Prepare a Conditional Permit Agreement to be submitted for review
and edit to the satisfaction of the Chief Building Official and
municipal legal counsel. Execution of the agreement shall be
accompanied by monetary securities in the amount determined by
the CBO. The securities shall be of satisfactory value to ensure the
conditions of the agreement are achieved satisfactorily, or, in the
event the conditions of the agreement are not successfully achieved,
sufficient value to allow the municipality to return the site to the
condition prior to issuance of the conditional permit.
4.3
Change of Use Permits
4.3.1 Every application for a change of use permit issued under
By-law Number 2025-137 - Page 4
Subsection 10(1) of the Act shall be submitted to the Chief Building
Official and shall,
4.3.1.1 Describe the building in which the occupancy is to be changed, by a
description that will readily identify and locate the building,
4.3.1.2 Identify and describe in detail the current and proposed
occupancies of the building or part of a building for which the
application is made,
4.3.1.3 Include plans and specifications which show the current and
proposed occupancy of all parts of the building and which contain
sufficient information to establish compliance with the requirements
of the Building Code including floor plans, details of wall, ceiling and
roof assemblies, identifying required fire resistance ratings and load
bearing capacities,
4.3.1.4 Be accompanied by the required fee as determined in accordance
with the Municipal Fees & Charges By-law as amended, Schedule
H, by the Chief Building Official,
4.3.1.5 State the name, address and telephone number of the owner, and
4.3.1.6 Be signed by the owner or his or her authorized agent who shall
certify the truth of the contents of the application.
4.4
Sewage Systems
4.4.1.1 Every application for a sewage system permit shall be submitted to
the Chief Building Official and contain the following information:
4.4.1.2 The information required by Section 4.2.1.1 to 4.2.1.9,
4.4.1.3 The name, address, telephone number and license number of the
person installing the sewage system,
4.4.1.4 Where the person named in Section 4.4.1.2 above requires a license
under the Act and the Building Code, the number and date of
issuance of the license, and the name of the qualified person
supervising the work to be done under the sewage system permit,
4.4.1.5 A site evaluation which shall include all of the following items, unless
otherwise specified by the Chief Building Official:
a) the date the evaluation was done;
b) name, address, telephone number and signature of the person
who prepared the evaluation;
c) scaled map of the site showing,
- the legal description, lot size, property dimensions, existing rights-
of-way, easements of municipal/utility corridors,
- the location of any existing or proposed buildings,
- the location of the proposed sewage system,
- the location of any unsuitable, disturbed or compacted areas,
- proposed access routes for system maintenance.
d) depth to bedrock,
e) depth to zones of soil saturation,
f) soil properties, including soil permeability,
g) soil conditions, including the potential for flooding.
4.5
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
By-law Number 2025-137 - Page 5
requested, the following information shall be provided;
4.5.1 A description of the proposed material, system or building design for
which authorization under Section 9 of the Act is requested;
4.5.2 Any applicable provisions of the Building Code; and
4.5.3 Evidence that the proposed material, system or building design will
provide the level of performance required by the Building Code.
4.6
Plans and Specifications
4.6.1 Sufficient information shall be submitted with each application for a
permit to enable the Chief Building Official to determine whether or
not the proposed construction, demolition or change of use will
conform with the Act, the Building Code and any other applicable law.
4.6.2 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.
4.6.3 Each application shall, unless otherwise specified by the Chief
Building Official, be accompanied by a complete set of plans and
specifications required under this by-law.
4.6.4 Plans shall be drawn to scale, 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.
4.6.5 Site plans shall be accurately drawn to scale, and when required by
the Chief Building Official to demonstrate compliance with the Act, the
Building Code or other applicable law, a copy of a survey prepared by
an Ontario Land Surveyor shall be submitted. Site plans shall show:
4.6.5.1 Lot size and the dimensions of the property lines and setbacks
to any existing or proposed buildings,
4.6.5.2 Existing and finished ground levels or grades,
4.6.5.3 Existing rights-of-way, easements and municipal services.
4.6.6 Verification of by-law compliance may be required by an Ontario
Land Surveyor before proceeding past foundation stage, if required
by the Chief Building Official.
5.
ALTERNATIVE SOLUTIONS TO THE OBJECTIVE BASED BUILDING CODE
5.1
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 alternative solutions for materials,
systems or building designs for which authorization of the Building Code Div.
A, 1.2.1. is required, either of the following information shall be provided:
5.1.1 A description of the proposed material, system or building design
complying with the applicable acceptable solutions in Division B, as
requested.
5.1.2 A completed Alternative Solution Application Form as provided in
Schedule C to this bylaw.
5.1.3 Documentation of alternative solutions which will achieve the level of
performance required by the applicable acceptable solutions in
respect of the objectives and functional statements attributed to the
By-law Number 2025-137 - Page 6
acceptable solutions in Supplementary Standard SA-1, Volume 2 of
the Building Code.
5.1.4 Fees associated with processing of an Alternative Solution are Listed
in Schedule H of the Fees and Charges Bylaw, as amended.
6.
PAYMENT OF FEES
6.1
Fees for a required permit shall be as set out in Schedule "H" to the
Corporation of the Township of Muskoka Lakes Municipal Fees By-law and
are due and payable upon submission of an application for a permit.
6.2
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, provided that where application is made for a conditional permit,
fees shall be paid for the complete project.
6.3
Where an inspection is requested more than four (4) years after the date a
building permit was issued, the request must be accompanied by the fee as
set out in Schedule "H" to the Corporation of the Township of Muskoka
Lakes Municipal Fees By-law, as amended.
6.4
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 the
applicant shall pay the required fee under protest and, within six (6) months
of completion of the project, shall submit an audited statement of the actual
costs and where the audited costs are determined to be less than the
valuation, the Chief Building Official shall issue a refund.
6.5
The fees as set out in Schedule "H" to the Corporation of the Township of
Muskoka Lakes Municipal Fees & Charges By-law, as amended, shall be
increased by 100% when construction has started prior to the issuance of a
permit. A minimum surcharge of $500.00 will be applied. Surcharge fees
levied are not eligible for refund.
7.
ADMINISTRATION FEES
7.1
As identified in the Municipal Act, 2001,S.O. 2001, c.25 as amended, Part
12, sentence 391.(3), administrative tasks not directly related to fees
identified in Schedule H of the Municipal Fees & Charges By-law as
amended, will be charged in accordance with Schedule A of the same
bylaw.
8.
REFUNDS
8.1
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.
9.
NOTICE OF REQUIREMENTS FOR INSPECTIONS
9.1
In accordance with the Building Code Act 10.2(1) , Notice of Readiness for
Inspection, the prescribed person (owner or authorized agent) shall notify
the Chief Building Official that the construction is to be inspected.
9.2
In regards to both prescribed and additional notices as specified in the
Building Code, the owner or an authorized agent shall notify the Chief
Building Official at least two (2) business days prior to inspection of each
By-law Number 2025-137 - Page 7
stage of construction for which notice is required under the Building Code.
In addition to the prescribed notice contained in 2.4.5.1 of the Building Code,
notice of any solid fuel fired appliance rough in and notice of an inspection
detailed in clauses 2.4.5.2 (1)(c) and 2.4.5.2 (1)(i) is also required.
9.3
Notice shall include building permit number, municipal address of the
project, and name and contact information of the person requesting the
inspection.
9.4
Notice may be given in one of the following ways;
1.
Request for inspection through E-permitting software;
2.
Utilizing the online booking form on the Township website;
3.
By phone request to Building administrative staff
at 705-765- 3156;
4.
in person at the Building Department Counter.
9.5
Subsequent to receiving notice of readiness for inspection the Chief Building
Official shall cause an inspection to be made to which the request relates.
Every reasonable effort will be made to schedule an inspection at the
convenience of the permit holder, but the Chief Building Official maintains
the right to cause an inspection to be made at any time during the two full
business days following the day on which the notice was received.
10.
AS CONSTRUCTED PLANS
10.1
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.
TRANSFER OF PERMITS
11.1
If land changes ownership after a building permit has been issued, a building
permit may be transferred to the new owner for a fee as set out in Schedule
"H" to the Corporation of the Township of Muskoka Lakes Municipal Fees
By-law. When a building permit is transferred, the new owner assumes all
responsibility and may be required to provide additional information and, if
necessary proof, of engagement of a design professional. Changes made to
plans submitted for the original building permit may require payment of an
additional fee.
12.
GENERAL PROVISIONS & SEVERABILITY
12.1
If any provision, or part of a provision, of this by-law is declared by any
court or tribunal of competent jurisdiction to be illegal or inoperative, in part
or in whole, or inoperative in particular circumstances, the balance of the by-
law shall continue to be in force and effect.
12.2
In the event of any conflict between any provisions of this by-law and any
other by-law heretofore passed prior, the provisions of this by-law shall
prevail.
13.
REPEAL OF BY-LAWS
13.1
By-law 2005-87, 2013-045 of the Corporation of the Township of Muskoka
Lakes are hereby repealed.
14.
EFFECTIVE DATE
14.1 That this by-law shall come into force and take effect January 1, 2026.
Read a first, second and third time and finally passed this 10th day of December, 2025.
By-law Number 2025-137 - Page 8
________________________
Mayor Peter Kelley
________________________
Crystal Paroschy, Clerk
By-law Number 2025-137 - Page 9
SCHEDULE "A"
BY-LAW 2025-137
REFUNDS
Status of permit
application
Percentage of Fee Eligible
for Refund
1.
Application filed.
No processing or review of
plans submitted.
75% maximum
2.
Application filed.
Plans reviewed and permit
issued.
50% maximum
NOTE:
1. No refunds after any building inspections carried out.
2. No refund shall result in the retention by the Township of
Muskoka Lakes of an amount less than $200.00.
3. No refund will be given when application for refund is not made
within 12 months of the issuance of a permit.
By-law Number 2025-137 - Page 10
SCHEDULE "B"
BY-LAW 2025-137
LIST OF PLANS OR WORKING DRAWINGS
TO ACCOMPANY APPLICATIONS FOR PERMITS
1.
The Site Plan
2.
Floor Plans
3.
Foundation Plans
4.
Framing Plans
5.
Roof Plans
6.
Sections & Details
7.
Building Elevations
8.
Electrical Drawings
9.
Heating, Ventilation and Air Conditioning Drawings
10.
Plumbing Drawings
11.
Sewage System
NOTE:
The Chief Building Official may specify that not all the above
mentioned plans are required to accompany an application for permit or
may request additional drawings if he/she deems it is necessary.
Application for Approval for an Alternative Solution - November 2025
The personal information on this form is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act,
R.S.O.1990, M.56. S.29(1)(g), 31(b). The information will be used for the purposes of administering this project. The information collected will be
protected with appropriate security safeguards. All questions or concerns with respect to the collection, storage, use or retention of the information you
provide on this form may be directed to the Township Clerk, 1 Bailey Street Port Carling Ontario P0B 1J0, telephone at 705-765-3156 Ext. 211
Application for Approval of an Alternative Solution
Pursuant to the Building Code Act, Section 9 and the Ontario Building Code Div A - 1.2.1.1
For use by Principal Authority
Application number:
Building Permit number:
Date received:
Application submitted to: Township of Muskoka Lakes, P.O. Box 129, Port Carling, ON P0B 1J0
(Name of municipality, upper-tier municipality, board of health or conservation authority)
A. Project information
Building number, street name
Unit number
Lot/con.
Municipality
Postal code
Building Type
B. Designer Information
Owner or
Authorized agent of owner
Last name
First name
Street address
Unit number
Lot/con.
Municipality
Postal code
Province
E-mail
Telephone number
Fax
Cell number
BCIN #
Qualifications
C. Owner Information
Last name
First name
Corporation or partnership
Street address
Unit number
Lot/con.
Municipality
Postal code
Province
E-mail
Telephone number
Fax
Cell number
D. Description of Proposed Alternative Solution
Application for Approval for an Alternative Solution - November 2025
The personal information on this form is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act,
R.S.O.1990, M.56. S.29(1)(g), 31(b). The information will be used for the purposes of administering this project. The information collected will be
protected with appropriate security safeguards. All questions or concerns with respect to the collection, storage, use or retention of the information you
provide on this form may be directed to the Township Clerk, 1 Bailey Street Port Carling Ontario P0B 1J0, telephone at 705-765-3156 Ext. 211
E. Supporting Documentation
Past Performance
Tests
Other Evaluations
F. Applicable Division B Provisions
Numeric Reference
Summary of Provision
G. Identification of Functional Statements/ Objectives/"Areas of Performance"
Sentence
F.S.
Objective
Summary of "Areas of Performance"
H. Evaluation of Level of Performance
Division B Provisions
Proposed Alternative Solution
Application for Approval for an Alternative Solution - November 2025
The personal information on this form is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act,
R.S.O.1990, M.56. S.29(1)(g), 31(b). The information will be used for the purposes of administering this project. The information collected will be
protected with appropriate security safeguards. All questions or concerns with respect to the collection, storage, use or retention of the information you
provide on this form may be directed to the Township Clerk, 1 Bailey Street Port Carling Ontario P0B 1J0, telephone at 705-765-3156 Ext. 211
I. Assumptions, Limiting or Restricting Factors
J. Reason for Proposed Alternative Solution
K. Declaration of applicant
I
declare that:
(print name)
1.
The information contained in this application, attached schedules, attached plans and specifications, and other attached
documentation is true to the best of my knowledge.
Date
Signature of applicant
Checklist for Application for Evaluation of Alternative Solution:
1. Completed Section A, B and C of this form
2. Completed Section D- Description of Proposed Alternative Solution
3. Completed Section E- Identification of and submission of testing and background information
4. Completed Section F- Code Analysis and Identification of applicable Division B (Acceptable Solution) provisions
5. Completed Section G- Identification of applicable linked pairs of objectives and functional statements
6. Completed Section H- Evaluation of level of Performance of applicable Division B provisions and Evaluation of level of Performance of proposed
alternative solution
7. Completed Section I- Identification of assumptions, limiting or restricting factors including any information concerning any special maintenance or
operation requirements
8. Payment of applicable fees
SIGN
Application for Approval for an Alternative Solution - November 2025
The personal information on this form is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act,
R.S.O.1990, M.56. S.29(1)(g), 31(b). The information will be used for the purposes of administering this project. The information collected will be
protected with appropriate security safeguards. All questions or concerns with respect to the collection, storage, use or retention of the information you
provide on this form may be directed to the Township Clerk, 1 Bailey Street Port Carling Ontario P0B 1J0, telephone at 705-765-3156 Ext. 211
Office Use Only
Reviewed By:
BCIN:
Date:
Summary of Proposal
Additional Applicable Division B Provisions not listed by applicant
Numeric Reference
Summary of Provision
Evaluation
Application for Approval for an Alternative Solution - November 2025
The personal information on this form is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act,
R.S.O.1990, M.56. S.29(1)(g), 31(b). The information will be used for the purposes of administering this project. The information collected will be
protected with appropriate security safeguards. All questions or concerns with respect to the collection, storage, use or retention of the information you
provide on this form may be directed to the Township Clerk, 1 Bailey Street Port Carling Ontario P0B 1J0, telephone at 705-765-3156 Ext. 211
Conditions of Approval
Your Application and supporting documentation in support of this application for approval of an Alternative Solution has been
reviewed and the application is hereby:
Approved
Approved subject to Attached Conditions of Approval
Refused for the following reasons:
a)
b)
Chief Building Official Name:
BCIN:
Signature:
Date:
Where an application for the Use of an Alternative Solution has been denied by the Chief Building Official the Applicant may:
a)
Appeal the decision to the Building Code Commission under Section 24 of the Building Code Act
b)
Appeal the decision to the Superior Court of Justice under Section 25 of the Building Code Act
c)
Apply to the Minister for a binding interpretation under Section 28.1 of the Building Code Act
d)
Comply with the Acceptable Solution as outlined in Division B of the Ontario Building Code