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The Corporation of the Township of North Frontenac
By-law # 54-23
Being a By-law to Regulate the Construction, Demolition and Change of Use
Permits for Buildings, Structures, and all other Related Services and to Repeal
By-law #38-21
Whereas pursuant to Section 9 of the Municipal Act, 2001 S.O. 2001, Chapter 25
a municipality has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act;
And Whereas pursuant to Section 8.(1) of the Municipal Act, 2001 S.O. 2001, Chapter
25 the powers of municipality under this or any other Act shall be interpreted broadly so
as to confer broad authority on the municipality to govern its affairs as it considers
appropriate to enhance the municipality's ability to respond to municipal issues;
And Whereas Section 7 of the Building Code Act, 1992, S 0. 1992, Chapter 23,
empowers Council to pass certain by-laws respecting construction, demolition and
change of use permits, inspections and related matters including fees;
And Whereas the Council of The Corporation of the Township of North Frontenac
deems it necessary and desirable to repeal By-law #38-21 and to enact a new Building
By-Law for the issuance of Permits and all other related services;
Now Therefore the Council of the Corporation of the Township of North Frontenac
hereby enacts as follows:
1. Title and Application
a) This may be cited as the 'Building By-law' of the Corporation of the Township of
North Frontenac.
b) Words in the singular may include the plural and words in the plural may include
singular.
c) The headings and subheadings used in this By-law shall not form part of the By-
law, but shall be deemed to be inserted for convenience of reference only.
d) This By-law is to be read in conjunction with the Building Code Act and Ontario
Building Code and in the event that there is a conflict between the provisions of
this By-law and the provisions of the Building Code Act, or the Ontario Building
Code then the provisions of the Building Code Act and Ontario Building Code
prevail.
e) The Schedules shall form part of the By-law.
Building By-law #54-23
Page 1 of 16
2. Definitions
In this By-law all words or phrases shall have the meaning accorded to them in the
Building Code Act or the Ontario Building Code; in addition to those words or
phrases in this By-law.
Applicant means the Owner of a building or property who applies for a Permit or
any person authorized to apply for a Permit on the Owner's behalf, or any person or
corporation empowered by statute to cause the construction or demolition of a
building or buildings and anyone acting under the authority of such person or
corporation.
As Constructed Plans means construction plans and specifications that show the
building and the location of the building on the property as the building has been
constructed.
Architect means a holder of a license, a certificate of practice, or a temporary
license under the Architect's Act.
Building means:
a) a structure occupying an area greater than fifteen square metres consisting of
a wall, roof and floor or any of them or a structural system serving the function
thereof including all plumbing, works, fixtures and services appurtenant
thereto;
b) a structure occupying an area of fifteen square metres or less that contains
plumbing, including the plumbing appurtenant thereto;
c) plumbing not located in a structure;
d) a sewage system; or
e) structures designated in the Ontario Building Code.
Building Code Act means the Building Code Act, 1992, S.O. 1992, Chapter 23, as
amended.
Building Inspector means a person appointed by By-law of the Corporation of the
Township of North Frontenac pursuant to Section 3 of the Building Code Act, 1992,
S.O. 1992, Chapter 23, as amended, for the purposes of the enforcement of the
Building Code Act.
Chief Building Official (CBO) means a person appointed by By-law of the
Corporation of the Township of North Frontenac pursuant to Section 3 of the
Building Code Act, 1992, S.O. 1992, Chapter 23, as amended, for the purposes of
the enforcement of the Building Code Act.
Complete Application means an Application that meets the requirements set out in
the Ontario Building Code.
Building By-law #54-23
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Conditional Permit means a Permit issued under Section 8(3) of the Building Code
Act for any stage of construction, subject to conditions deemed necessary by the
CBO.
Township means the Corporation of the Township of North Frontenac.
Occupancy means the use or intended use of a building or part thereof for the
shelter or support of persons, animals or property.
Ontario Building Code means Ontario Regulation 332/12 made under Section 34
of the Building Code Act.
Partial Permit means a Permit issued by the Chief Building Official to construct part
of a Building.
Permit means written permission or written authorization from the Chief Building
Official to perform work regulated by this By-law and the Building Code Act, or to
change the use of a building or part of a building or parts thereof as regulated by the
Building Code Act.
Permit Holder means the Owner to whom the Permit has been issued or where a
Permit has been transferred, the new Owner to whom the Permit has been
transferred.
Plot Plan means a detailed drawing(s) of proposed improvements to a given
property a defined scale or at the discretion of the Chief Building Official a
reasonable representation of proposed improvements in which all setbacks from lot
lines and other on-site situations are accurately reflected and the Owner is willing to
accept responsibility for such accuracy. Plot plans may also be known as Site
Plans.
Plumbing means a drainage system, a venting system and a water system or parts
thereof.
Professional Engineer means a person who holds a license or a temporary license
under the Professional Engineer's Act.
Revised Submission means additional information filed with the Chief Building
Official which depicts one or more changes to the proposed or as constructed design
of a building or part of a building for which a Permit has already been issued and for
which approval by the Chief Building Official is required.
Sewage System means a Sewage System as defined in Article 1.4.1.2, Division 'A'
of the Ontario Building Code.
Building By-law #54-23
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Supplementary Submission means a resubmission of additional information in
relation to building Permit Application documents previously filed and reviewed that
requires additional review to determine Ontario Building Code compliance.
Treasurer shall mean the person appointed by the Corporation of the Township of
North Frontenac to administer the financial affairs of the Corporation.
3. Administrative Procedures Relating to Permits
A. Permit Must be Obtained
No person shall construct or demolish a building or change the use of a building
or cause a building to be constructed or demolished or a change of use be made
to a building, unless a Permit has been issued therefore by the Chief Building
Official.
B. Revision to a Permit
After the issuance of a Permit under the Building Code Act by the Chief Building
Official, 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 the written authorization of the Chief Building Official.
C. Revocation of a Permit
a) The Chief Building Official, subject to the provisions outlined in Subsection
8(10) of the Act, has the authority to revoke a Permit issued under the
Building Code Act.
b) The Building Inspector shall be permitted to exercise the powers of the
CBO as stated in this By-law, provided the Building Inspector has the
required qualifications/courses.
D. Application
a) To obtain a Permit, the Owner or agent authorized in writing by the
Owner, shall file an Application in writing by completing a prescribed form
available at the offices of the Township, from the Chief Building Official or
from the Ontario Building Code website. Forms prescribed by the
Township under clause 7(f) of the Building Code Act shall be as set out in
Schedule 'B' to this By-law.
b) Every Application shall be accompanied by the required Application fee
(see the current Fees & Charges By-law) and shall be signed by the
Owner or an Authorized Agent, who shall certify the truth of the contents of
the Application.
c) To be considered a complete Application every Permit Application shall be
accompanied by the approval documents issued by the agencies
Building By-law #54-23
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responsible for the applicable laws listed in the Ontario Building Code
Division A 1.4.1.3., where those agencies issue approval documents and
the law applies to the construction or demolition being proposed and be
accompanied by all documentation as required by the Chief Building
Official and Schedule "A" and "B" of this By-law.
d) An Application for a Permit may be refused by the Chief Building Official
where it is not a complete Application.
e) The Chief Building Official has the delegated authority to create and/or
adopt for usage, forms (other than those prescribed by the Building Code
Act or the Ontario Building Code) which provide for the collection of
specific information in relation to Permit Applications as is necessary for
the administration and enforcement of the Building Code Act and the
Ontario Building Code. This delegated authority is subject to the Chief
Building Official maintaining a list of forms that it has issued or adopted for
usage.
The Chief Building Official may, as the Chief Building Official deems
appropriate, provide prescribed forms in an electronic format and may
allow for electronic submission of completed Permit Application forms and
documents.
Completed forms generated electronically shall be accepted subject to the
endorsement by the Applicant.
f) Applications submitted in accordance with this By-law or otherwise
required by the Act become the property of the Corporation and will be
disposed of or retained in accordance with relevant legislation or By-laws.
4. Classes of Permits
Every Application for a Permit shall be submitted to the Chief Building Official, or
duly appointed designate, and shall contain the information as set out in the
following subsections for various classes of Permits.
A. Construction or Demolition Permit
Where an Application is made for a construction Permit or demolition Permit
under subsection 8(1) of the Building Code Act, the Application shall:
a) use the Provincial Application form, "Application for a Permit to Construct
of Demolish"; and
b) include two (2) complete sets of plans, specifications, documents and
other information as required by Div C 1.3.1.3.(5) (a)-(f) of the Ontario
Building By-law #54-23
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Building Code and as described in this By-law, for the work covered by the
Permit.
This shall not be deemed to limit the authority of the Chief Building Official to vary
the number of plans, specifications and other documents or information required
depending on the need for review, approval or requirements of any department of
the Township or other outside agency.
B. Partial Permit
In Addition to the requirements of Subsection 4A every Application for a Partial
Permit shall:
a) Require a Permit Application for the entire project; and
b) Be accompanied by plans, specifications, documents, forms, and other
information covering that part of the work for which Application for Partial
Permit is made, together with such information pertaining to the remainder
of the work as may be required by the Chief Building Official; and include
payment of all applicable fees for the complete project.
The Chief Building Official may issue a Partial Permit when the Chief Building
Official determines it is appropriate to expedite substantial construction before a
Permit for the entire building is available and where the relevant provisions of this
By-law and the Building Code Act are met.
When determining whether to issue a Partial Permit, the Chief Building Official
shall have regard for the likelihood of subsequent approvals being available in a
timely fashion such that a project is not interrupted and exposed to potential
damage from the elements, while awaiting subsequent approvals.
Notwithstanding the issuance of a Permit under this section (Partial Permit) the
Chief Building Official shall not be deemed, implied or obligated to issue any
further or additional Permits for such project.
C. Conditional Permit
Where the Application is made for a Conditional Permit under Section 8(3) of the
Building Code Act, the Applicant shall:
a) use the Provincial Application form, "Application for a Permit to Construct
or Demolish";
b) include two (2) complete sets of plans, specifications, documents and
other information as required by Division C 1.3.1.3.(5) (a)-(f) of the Ontario
Building Code and as described in this By-law, for the work covered by the
Permit;
Building By-law #54-23
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c) state the reasons why the Applicant or Authorized Agent believes that
unreasonable delays in construction would occur in a Conditional Permit is
not issued;
d) 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
e) state the time in which plans and specifications of the complete building
will be filed with the Chief Building Official.
Notwithstanding the issuance of a Permit under this section the Chief Building
Official shall not be deemed implied or obligated to issue any further or additional
Permits for such project.
D. Change of Use Permit
Every Application for a Change of Use Permit issued under subsection 10(1) of
the Building Code Act shall be submitted to the Chief Building Official, and shall:
a) describe the building in which the occupancy is to be changed, by a
description that will readily identify and locate the building;
b) identify and describe in detail the current and proposed occupancies of the
building or part of the building for which the Application is met; and
c) include two (2) complete sets of plans, specifications, documents or other
information showing the current and proposed occupancy (use) of all parts
of the building, and which contains sufficient information to establish
compliance with the requirements of the Ontario Building Code including,
but not limited to: floor plans, details of the wall, ceiling and roof
assemblies identifying the required fire resistance ratings and load bearing
capacities and details of the existing sewage system, if any.
E. Authorization of Alternative Solutions or Compliance Alternatives
Where approval for an alternative solution OR a compliance alternative is
requested under the Ontario Building Code as a proposal, either in the
Application for a Permit or in a material change to a plan, specification, document
or other information on the basis of which a Permit was issued, the Applicant
shall submit:
a) An Application on a form or in a manner prescribed by the Chief Building
Official;
Building By-law #54-23
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b) Supporting documentation demonstrating that the proposed alternative
solution will provide the level of performance required by the Ontario
Building Code; and
c) Payment of the required fees prescribed in the Fees and Charges By-law.
Sewage System Permit
The following information is prescribed for the purposes of Subsection 15.12(3) of
the Ontario Building Code Act and must be provided to the Chief Building Official
before the commencement of the construction of a Sewage System:
a) The information described in Sentence 3.3.4.1 (2) as it relates to:
i) The person registered under Article 3.3.3.2; and
ii) The person with the qualifications described in Clause 3.3.3.2 (1)(a)
who will supervise construction on-site of the sewage system.
b) The name and telephone number of the representative of the person
described in Subclause (a)(i) who may be contacted by the Chief Building
Official in respect to the construction of the Sewage System.
5. 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 Building Code Act, the Ontario
Building Code and any other applicable law.
Every Application for any required Permit shall be accompanied by two (2) complete
sets of plans, unless otherwise specified by the Chief Building Official or appointed
designate. Plans shall be drawn to scale, on paper, or other durable material, shall
be legible, and where required to be prepared under the Architect's Act or
Professional Engineer's Act, shall be professionally prepared.
Without limiting the foregoing, the plans shall include working drawings, a site plan
and/or plot plan and information to identify the precise location of the lands affected
by the Permit as identified in Schedule 'A' to this By-law unless otherwise specified
by the Chief Building Official.
Where a plot plan is deemed to satisfy in place of a site plan, a plot plan shall show:
a) Lot size and dimensions of the property regarding the project;
b) Setbacks from existing and proposed buildings to property boundaries
and to each other;
c) Existing and finished ground levels or grades; and drainage patterns;
Building By-law #54-23
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d) All existing right of ways, easements, municipal and private services;
e) Proposed location of potable water supply (well or lake system); and
f)
Proposed location of septic system.
6. Permit Fees
a) Fees for a required Permit shall be as set out in the Fees and Charges By-
law and are due and payable upon submission of a complete Application
for a Construction, Demolition or Change of Use Permit, unless otherwise
specified by the Chief Building Official or appointed designate. Where fees
are due and are unpaid, the Chief Building Official may refuse to issue the
Permit or conduct inspections. For a Conditional Permit, the Permit may
be paid for the complete project or for the actual component or part of the
building for which the Permit is issued along with the security deposits
required.
b) Fees for required Permits shall be deemed to have been calculated on the
basis of full cost recovery for the building service and shall include both
the direct and indirect costs of the administration and enforcement of the
Building Code Act. Without limiting the foregoing, this shall include plan
review, field inspections, clerical support and overhead costs of the
building department and other building department related support
services.
In addition to the fees paid at the time of the building Permit Application,
when an Applicant makes supplementary submissions and/or revised
submissions, the Applicant shall pay the prescribed fee which shall be
calculated in accordance with the fees as set out in the Fees and Charges
By-law.
All Applications submitted for consideration will be subject to a non-
refundable deposit as set out in the Fees and Charges By-law, which will
be accounted towards the final Permit invoice, unless the Permit is
refused in which case the fee is non-refundable.
c) Fees shall be calculated by the Chief Building Official or appointed
designate.
d) For a Change of Use Permit, the fees shall be based on construction
value to renovate any and all storeys or floor space which are subject to
the change of use.
Despite the project value submitted by the Applicant, the Chief Building
Official may place a valuation on the cost of the proposed project and
where disputed by the Applicant, the Applicant shall pay the required fee
Building By-law #54-23
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under protest and within 6 months of completion of the project shall
submit an audited statement of the actual costs Where the Chief Building
Official, in his sole discretion, agrees that the audited costs are less than
the valuation, and costs incurred by the department, the Chief Building
Official may issue a partial refund that reflects the difference between the
two amounts.
7. Refunds
In the case of the withdrawal of an Application or abandonment of all or a portion of
the work, or the non-commencement of any project, and upon request, the Chief
Building Official or appointed designate shall determine the amount of the paid
Permit fees that may be refunded to the Applicant, if any, in accordance with fees as
set out in the Fees and Charges By-law. The calculation of the amount of the refund
by the Chief Building Official shall be final.
8. Notice requirements for Inspections
a) A person to whom a Permit is issued shall give notice of readiness for
inspection to the Chief Building Official or appointed designate at least 48
hours or two business days prior to a mandatory inspection or any other
inspection that may be requested by the Chief Building Official as set out
in Schedule 'C' attached to and forming part of this By-law.
b) Where the inspection is for a property that has water access only, the
notice of readiness shall be at least 48 hours or two business days prior
to a mandatory inspection and the person requesting the inspection shall
provide a water taxi for the Chief Building Official to conduct the said
inspection unless other arrangements are made by the Chief Building
Official.
c) At the sole discretion of the Chief Building Official, where the Owner or
Authorized Agent gives notice for a specific inspection of any building, lot
or parcel of land and the inspection cannot be properly carried out due to
unfinished work, or the inspection is broken down into multiple
inspections due to the phasing or complexity of the building, or the
inspection is requested to be performed outside of the regular office
hours of the Township, the Owner shall be responsible for the
Township's additional costs, as set out in the Fees and Charges By-law.
Such additional fees shall be termed 'Inspection Fees' and shall be due
and payable to the Treasurer of the Township upon demand.
9. Prescribed Forms
The list of forms prescribed for use as Applications for Permits, for Orders, for
Permits, for inspection reports and administrative matters shall be as set out in
Schedule 'B' attached to and forming part of this By-law.
Building By-law #54-23
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10. As Constructed Plans
The Chief Building Official or appointed designate may require that a set of plans of
a building or project or any class of buildings be filed with the Chief Building Official
or appointed designate upon completion of construction under such conditions as
may be prescribed in the Ontario Building Code.
11. Transfer of Permits
The transfer of a Permit shall be permitted when there is a change of Ownership of
the lands affected by the Permit provided that the new Owner informs the Chief
Building Official in writing that he/she has assumed responsibility for engaging the
services of any contractor, design professional or other service required to complete
work authorized under a Permit or Permits and with payment of the applicable fee as
set out in the Fees and Charges By-law.
12. Annual Report and Reserve Fund
a) The Treasurer is hereby directed to prepare an Annual Report which shall
enumerate the direct and indirect costs of delivering building services
related to the administration and enforcement of the Building Code Act for
the previous fiscal year (12 month period). The said report shall also set
out the amount of the reserve fund at the end of the previous fiscal year.
The Annual Report shall be submitted to Council no later than three
months after the end of the previous fiscal year.
b) For the purposes of this By-law, the fiscal year of the municipality shall be
as prescribed by the Municipal Act.
c) A Reserve Fund is hereby established for the purposes of setting aside
surplus revenues from building Permit fees. The Reserve Fund shall be
used exclusively for the operation of the building department of the
Township for any subsequent fiscal year or fiscal years. The Treasurer is
hereby directed to maintain all records related to the Reserve Fund.
13. Other By-laws, Licences, Permits and Regulations
Nothing in the By-law shall exempt any person from complying with the requirements
of any other By-law in force within the limits of the Township, or from applying for
and obtaining any permit, license, permission, authority or approval required by this
or any other By-law or regulation of the Township or any other law in force from time
to time.
14. Penalty
Every person or corporation who contravenes any provision of this By-law is guilty of
an offence and upon conviction under the provisions of the Provincial Offences Act
is liable to a fine and/or other penalty imposed under Section 36 of the Building
Code Act.
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15. Application
a) This By-law shall come into effect immediately upon the date of final
passing subject to the provisions of the Building Code Act.
b) Should any Section or part of a Section of this By-law or schedules hereto
be declared by a court of competent jurisdiction to be invalid, the same
shall not affect the provisions of this By-law as a whole or any part other
than the part declared to be invalid.
c) In the event of a conflict between this By-law and any amendments
thereto, and any general or special By-law, legislation or regulation, the
most restrictive legislation, regulation or other By-law shall prevail.
d) By-law #38-21 is hereby repealed.
Read a first and second time this 17th day of August, 2023.
Read a third time and passed this 17th day of August, 2023.
ayor
Clerk
Building
Building By-law #54-23
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Schedule 'A' to By-law #54-23
Plans, Drawings and Site Plan
Except as otherwise authorized by the Chief Building Official, the following list of plans,
working drawings and site plan information, shall be submitted with an Application:
-
Site plan showing the true dimensions and/or legal description of the lot to be
built upon or otherwise used, the proposed or existing location, dimensions of
all buildings and setbacks from all property lines and the shoreline of a water
body, where applicable, all major topographic or other features on or abutting
the lot such as water bodies, slopes, roads, utility corridors and easements,
landscaping (natural vegetation cover or planted), loading and parking spaces,
lot area and building coverage, a north arrow, scale, civic address and lot and
concession number;
-
Floor Plans
-
Foundation plans
-
Framing plans
-
Reflected ceiling plans
-
Sections and details
-
Building elevations
-
Electrical drawings
-
Heating, Ventilation and Air Conditioning Drawings
-
Plumbing Drawings
-
Fire Alarm and Sprinkler Plan
-
Zoning Clearance Certificate
Two (2) complete sets of the site plan, all drawings and other specifications or
information shall be submitted unless otherwise stipulated by the Chief Building
Official.
Building By-law #54-23
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Schedule 'B to By-law #54-23
Prescribed Forms
The following forms constitute the forms used by the Corporation of the Township of
North Frontenac in the administration of the Building Code Act:
- Application Form
- Schedule 1 -- Designer Information
- Schedule 2 -- Sewage System Installer Information
- Energy Efficiency Design Summary: Prescriptive Method
- Testament Form Plumber
- Acknowledgement of requirement for Occupancy
- Letter of Direction Authorization
- Testament of setback to be obtained
- Acknowledgement of Setback required
- Building Permit
- Change of Use Permit
- Inspection Report
- Septic Design
Building By-law #54-23
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Schedule 'C' to By-law #54-23
Inspections
1. This Schedule sets out the notices that are required under section 10.2 of the Act.
2. The person to whom a permit under section 8 of the 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) readiness to construct footings,
b) substantial completion of footings and foundations prior to commencement of
backfilling,
c) 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 of Division B,
d) 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 (c) applies,
e) substantial completion of insulation and vapour barriers,
f) substantial completion of air barrier systems,
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:
i) building sewers and building drains.
ii) water service pipes,
iii) fire service mains,
iv) drainage systems and venting systems,
v) the water distribution system, and
vi) plumbing fixtures and plumbing appliances,
Building By-law #54-23
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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.(I)(j) of
Division A, a. public pool or a public spa,
k) substantial completion of the circulation / recirculation system of an outdoor
pool described in Clause 1.3.1.1.(I)(j) of Division A, a public pool or public
spa and substantial completion of the pool before it is first filled with water,
I) readiness to construct the sewage system,
m) substantial completion of the installation of the sewage system before the
commencement of backfilling,
n) substantial completion of installation of plumbing not located in a structure,
before the commencement of backfilling,
o) completion of construction and installation of components required to permit
the issue of an occupancy permit under Sentence 1.3.3.1.(3) or to permit
occupancy under Sentence 1.3.3.2.(1), if the building or part of the building to
be occupied is not fully completed, and
p) completion of construction and installation of components required to permit
the issue of an occupancy permit under Sentence 1.3.3.4.(4) or 1.3.3.5.(3).
Building By-law #54-23
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