Building By-law No. 03-2014

North Glengarry, Ontario · No. 03-2014 · adopted 2014-02-11 · summary & facts

This is the exact embedded text of the captured official document. Snapshot ef4a866f8a3c · verified 2026-09-25 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

._"l ( TOWNSHIP OF NORTH GLENGARRY BUILDING BY-LAW BY-LAW # 03-2014 WHERAS Section 7 'ofthe Building Code Act, 1992, S.0.1992 Chapter23, empowers Council to pass certain By-Laws respecting construction, demolition and change of use permits a,nd inspections; , AND WHEREAS Section 15 ofthe Police Services Act, R.S.O. 1990, c.P.ls as amended, the Council ofthe municipality may appoint Municipal Law Enforcement Officers who shall be Peace Officers for the purpose of enforcing by-laws ofthe municip'ality; AND WHEREAS pursuant to Section 425 ofthe Municipal Act, S.O. 2001, c. 25, as amended, provided that any person who contravenes anyby-Iaw ofa municipality passed underthe authority ofthe Municipal Act is guilty ofan offence; .BEING a By-Law respecting Construction, Demolition and Change ofUse Permits and Inspections and; - prescribing classes of permits under the BuildingCode Act, including stages of constructionand demolition; - providing for applications for permits an~ requiring applications to be,accompanied by plans, specificatioris, documents and other information as is prescribed; - requiring the payment of fees for permits'and the amounts thereof; - providing forrefunds of fees under such circumstances as are prescribed; - prescribing the time within which notices required by the Building Code must be given to the Chief Building Official or an Inspector; - prescribing the forms respecting permits and applications for permits and providing for their use; - enablingthe chiefbuilding official to require that a set of plans of a building or any class of building as constructed be filed upon completion as may be prescribed in the Building Code; - providing for the transfer of permits when land changes ownership; NOW THEREFORE the Corporation ofthe Township of North Glengarry enacts as follows: SHORT TITLE This By-Law may be cited as the //Building By-Law// Part 1 DEFINITIONS 1.1 Definitions In this By-Law,: ,/~ct" means the Building Code Ac~ 1992, S.O. 1992, c. 23 and amendments; /~rch~tect"means the holder ofa licence, certificate of practice or a temporary licence issued under the Architect Act as defined in the Building Code; IIBuilding"means a building as defined in Section 1(1) ofthe Act; IIBuilding Code" means the regulation made under Section 34 ofthe Act; IIBuilding Officiarmeans a person(s) appointed by the Corporation ofthe Township of North Glengarry - . ." c "ChiefBuilding Official" meansthe Chief Building Official appointed pursuantto subsection 3(2) ofthe Act and by By-Law of the Corporation ofthe Township of North Glengarry for the purposes of enforcement ofthe Act; ".Construct" meansnconstruct" as defined in subsection 1(1)ofthe Act; "Corporation" means the Corporation ofthe Township of North Glengarry;. "Demolish" means "demolish"as defined in subsection 1(1) ofthe Act; "Designer" means the person responsible for the design; IIEnforcementAuthority" the individuals, such as the ChiefBuilding Official,"Deputy-Chief Building Official, Inspectors and Municipal Law Enforcement Officer(s) appointed by council f9r the enforcement ofthe Act in the areas which the municipality has jurisdiction; "Farm building" means farm building as defined in the Building Code; "Inspector" means an inspector appointed pursuant to subsection 3(2) ofthe Act and by By- Law ofthe Township of North Glengarry for the purpose ofenforcement ofthe Act; "Owner" means the registered owner ofthe property or the agent ofthe registered owner duly authorized by the registered owner in writing; "Permit" means written permission or written authorization from the Chief Building Official to perform work governed by this By-Law and the Act; "Permit holder" means the owner to, whom the permit has been issued or, where the permit has been transferred, the new owner to whom the permit has been transferred;"Plumbing IImeans plumbing as definedin Section 1(1) ofthe Act; "Professional Engineer II or "engineer II means a person who holds a license or temporary license under the Professional Engineers Act, as defined in the Building Code; "Sewage system IImeans sewage system as defined in Section 1(1) ofthe Act; '1 "Work" means to do anything in the construction or demolition or change ofuse or plumbing for a building which is regulated by the Act and the Building Code and "project" has a similar meaning; and Any word or term not defined in this By-Law, that is defined in the Act or Building shall have meaning ascribed to it in the Act or Building Code~ Part2 ' CLASSES OF PER~ITS 2.1" Classes of permits set out in Schedule "D" ofthis By-Law are hereby established. Part 3 PERMITS 3.1 Permit Applications To obtaina permit, the owner or an agent authorized by the owner, shall file an application in writing by completing a prescribed form available atthe North Glengarry Building Department, on the Township of North Glengarry web site www.northglengarry.ca or from the Ontario Building Code web site www.obc.mah.gov.on.ca. 3.2 Building Permits Where application is made for a construction permitunder Section 8.(1) ofthe Act, the application shall be completed in full and contain the following information: a) identify and describe in detail the proposed work and occupancy; b) identify and describe in detail the existing uses and the proposed usees) for whichthe premises Cire intended; c) describe the land on which the work is to be done, by a description that will readily identify and locate the building on the lot; d) state the valuation ofthe proposed work including all materials and labour; e) include the fees as setout in the Municipal schedule offees and charges by- law as·amended from time to time; f)state the names, addresses and telephone numbers ofthe owner(s), architect, engineer or designer and constructor, where applicable; - g) declare whether the owner or the owner's authorized representative has retained an architect or professional engineer to carry out the field review of the construction, if required by the Building Code; and h) be signed by the owner or his or her authorized agent who shall certifythe truth ofthe contents ofthe application. 3.3 Building Applications In addition to 3.2., Where application is made for construction permit under Subsection 8.(1) ofthe Act, the application shall: a) use the provincial application form, HApplication for Permit to Construct Demolish"; and b) include complete plans and specifications and documents 3.4 Demolition Permit In addition to 3.2 and 3.3., where application is made for a demolition permit under Section 8.(1) ofthe Act, the application shall: a) provide proof satisfactory to the Chief Building Official, that all necessary arrangements have been made with the proper authorities to disconnect all water, sewer, gas, electric, telephone and other utilities and services; bl .confirmation that the building is not designated "Heritage Building" within the meaning ofthe Ontario Heritage Act; c) where work on a buildi~g or structure being demolished or dismantled is suspended or discontinued prior to completion, access to the part ofthe building of structure that remains to be demolished or dismantled shall be . prevented by installing and maintaining barriers to prevent entry. The property shall also be posted with "No Trespassing" signs, along the perimeter spaced no more than 8 meters apart; and d) a basement, cellar or excavation left after the demolition or dismantling of a building or structure shall remain adequately fenced along its open sides or be backfilled within 30 days ofthe demolition or dismantling ofthe building of structure. 3.5 Conditional Permit In addition to3.2, where application is made for a conditional permit under Section 8.(3) of the Act, the application shall: a) b) c) ( , ~ d) contain such other information, plans and specifications concerning the complete project as the ChiefBuilding Official may require; \ state'the reasons why the applicant believes that unreasonable delays in construction would occur if a Conditional Permit is not granted; state the necessary approvals which must be obtained in respectofthe proposed building and the time line in which su~h approvals will be obtained; and state the time in which plans and specifications ofthe complete building will be filled with the Chief Building Official. 3.6 Change of Use In addition to 3.2 and 3.3., an application for a Change of Use Permit under section 10(1) of the Act, the owner or the authorizedagent ofthe owner shall: a) precisely identify the building in which the occupancy is to be changed; b) identify and describe in detail the current and proposed occupancies ofthe building, or part ofthe building, for which the application. is made; c) include plans and specifications showing the current and proposed occupancies of all parts ofthe building. These plans and specifications must contain sufficient information to establish compliance with the requirements ofthe Building Code, including: floor plan; details ofwall, ceiling and roof assemblies.identifying required fireresistance ratings and load bearing capacities; and details ofthe existing sewage system, if any; d) include the r'equired fee, as set out in the Township of North Glengarry's I Fees and Charges Schedule "F"; e)' state the names, addresses and telephone numbers ofthe owners; f) certify the truth ofthe contents ofthe application; i. an application under this section shall be signed by the owner or the owner's authorized representative; and ii. an owner or an owner's authorized representative shall ensure that all information provided in an application for a Permit is true. i",--_ 3.7 Sewage System Permit Every application for a sewage system permit shall be submitted to the Chief Building Official and contain the following information: . a) the name, address, telephone number and Building Code Identification Number (BCIN) ofthe person installing the sewage system; . b) a. scaled map ofthe site showing: i. the legal description, lot size, property dimensions, existing rights-of- way, easements of municipal/utility corridors, primary and secondary hydro lines, ii. the location ofany existing or proposed buildings, the location ofthe proposed sewage system including the number ofruns, iii. 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; and f) soil properties, including soil permeability, soil conditions, including the potential for flooding. 3.8 Alternative Solution The person proposing an alternative solution shall provide the documents required by Div. CSection 2~1 ofthe Building Code 3.9 Transfer ofPermits Ifland changes ownership after a building permit has been issued, a building permit may be transferred to the new owner for a fee in accordance with the as set out in the Township of North Glengarry's Fees and Charges Schedule '~F". When a building permit is transf~rred, the new owner assumes all responsibility and may be required to provide additional information and, if necessary, proof of engagement ofa professional design. Changes made to plans submitted for the original building permit may require payment ofan additional fee. Part 4 PLANS AND SPECIFICATIONS 4.1 Information Required Every applicantfor a building permit shall contain: a) sufficient information to enable the Chief Building Official to determine, in his or her judgment, whether the proposed construction, demolition or change of use will conform with the Act and the Building Code; and b) an application for a Permit shall include one complete set of building plans and specifications, unless otherwise specified by the Chief Building Official. 4.2 Scale of Drawings Every building plans shall be drawn to scale on paper, cloth or a similar durable material, shall be legible and, without affecting the generality ofthe foregoing, shall include such working drawings as are set out in Schedule "A", unless otherwise specified by the Chief Building Official. \,-/ 4.3 Site Plans Site plans shall be accurately drawn to scale, and when required by the Chief Building Official demonstr"ate compliance with the Act, the Building Code or other applicable law, a copy ofan up-to-date survey prepared by an Ontario Land Surveyor shall be submitted. " Site plans shall indicate: a) a copy ofthe survey shall be submitted with the site plan, unless otherwise specified by the Chief Building Official; b) unless otherwise specified by the Chief Building Official, site plans ~hall show: i. lot size and dimensions, propertylines and setbacks ofany existing or proposed buildings; ii. existing and finished ground levels or grades; iii. existing rights-of-way, easements and municipal services; iVa overhead electrical conductors, watercourses and railways; and v. verification by and Ontario Land Surveyor of by-law compliance may be required before proceeding past foundation stage, if required by the Chief Building Official. . 4.4 As Constructed Drawings . Upon completion of a building, or any phase thereof, the Chief Building Official may require a set of "as constructed plans': including a plan of survey indicating the location and elevation ofthe.building. 4.5 Plans Property of Corporation . Plans and specifications furnished according to this By-Law or otherwise required by the Act become the property ofthe Corporation and will be disposed of or retained in accordance with the relevant legislation. Part 5 . PAYMENT AND REFUNDS 5.1 Determination of Fees a) Upon submitting an application for a Permit, an owner or an authorized agent of an owner shall pay the fee as setout in the Township of North Glengarry's Fees and Charges Schedule "F"; b) for the purposes of calculating a fee as set out in the Township of North Glengarry's Fees and Charges Schedule "F"; i. in respect of an application for a Construction Permit, a Demolition Permit or a Conditional Permit, where the fee is per unit area, the fee is calculated by multiplying the total floor area by the rate per square foot. Total floor' area is the sum ofthe areas of each storey, as measured from the outside to the outside ofthe walls. The area of a storey below grade is included qnly if it is a living area; ii. in respect ofanapplication for a Construction Permit, a Demo~ition Permit or a Conqitional Permit, where the fee is based on the value of the work, the value ofthe work includes the cost of all materials, labour, equipment, overhead, professional services and other c'osts related to the work; iii. in respect ofaChange of Use Permit, where the fee is per unit area, the fee is calculated by multiplying the total floor area by the rate per square foot. Total floor area is the sum ofthe areas of each-storey that is subject to the change of use; c) the Chief Building Official may determine the value ofthe proposed work for the purposes of establishing the Permit fee; d) where the ChiefBuilding Official sets the Permit fee under subsection 5.1 c), the app~icantrna}' pay the fee as set by the· Chief Building Official under protest. Ifat the end ofthe project the.actual cost is less'than the value determined by the Chief Building.Official, the applicant may submit an / ( ~/ '. audited statement ofactual costs within six months ofthe completion of the project and the Chief Building Official shall, upon approval of Council, issue a refund ofthe balance; and e) a security deposit of $1,000.00 shall be deposited with the Township of , North Glengarry at thetime ofthe issuance ofthe building permit, for the construction of new single family dwellings, duplexes and semi-detached dwelling units. Such security deposit to be held in trust by the Township of North Glengarry pending a final inspection approval report, issued by the ChiefBuilding Official. Construction projects subject to Site Plan Development Agreements shall be considered exempt from the requirements ofthis section. 5.2 Building Without Permit Every person who commences construction, demolition or changes the use of a building either before submitting an application fora permit or) where an application for a permit has been submitted but no permit been issued, the Corporation, shall in addition to any other penalty imposed under the Act, Building Code or By-Law pay an additional fee equal - to20%,ofthe amount calculated as the regular permit fee but in no case shall the additional' fee exceed $500.00. 5.3 Refunds In thecase ofwithdrawalof an application orthe abandonment of all portion ofthe work or the non-commencement ofany project within 6 months ofthe issue ofthe permit, the Chief Building Official may determine the amount of paid permit fees that may be returned to the applicant, if any, in accordance with Schedule "F". 5.4 Renewal of Permit ,Failure to have the project finalized within 365 days after the issuance date of the permit will require apermitrenewal fee of $100.00 as set out in the Township ofNorth Glengarry's Fees and Charges Schedule "F". Part 6 REVOCATION OF PERMITS 6.1 Notice of Revocation Prior to revoking a permit under subsection 8.(10) ofthe Act, the ChiefBuilding Official may serve'a notice by personal servicesor registered mail at the last known address ofthe permit holder. If on the expiration of thirty (30) days from the date of such notice, the grounds for revocation continue to exist,the permit may be revoked without further notice, and all submitted plans and all other information may be disposed of. 6.2 ' Deferral of Revocation A permit holder may within thirty (30) days from the date of service of a notice under this Part, request in writing, the Chief Building Official to defer the revocation by stating reasons why the permit should not be,revoked. The Chief building Official having regard to any changes to the Act, Building Cod~ or otl).er applicable law may allow the deferral, in \~ writing. Part 7 , NOTICE REQUIREMENTS FOR INSPECTIONS 7.1 Notice Except as provided in 7.2, an owner or authorized agent shall not.ify the building department atleast two (2) Municipal Office business days prior to each stage of construction as required under Div. Carticle 1.3.5 ofthe Building Code and section 10.2 of. the Act, in accordance with Schedule liB". In addition, the permit holder shall provide another mandatory notice after the completion of demolition work to ensure the completion of site grading and other workdescribed in Section 3.4 ofthis By-Law. " 7.2 Sewage Systems Anowner or authorized agentshall notify the building department at least fjve (5) Municipal Office business days prior to each stage of construction as required under Div. C article 1.3.5.3 ofthe Building Code. . 7.3 Time Periods .The time periods referred in 7.1 and 7.2 shall begin on the day following the day on which the notice is given. 7.4 Effective A notice pursuant to this Part ofthe By-Law is not effective until such notice is actually received bythe building department counter in one ofthe following ways: . a) telephone message at (613) 525-1116; b) facsimile to (613) 525-1649; and c) in person at the building department counter Part 8 ENFORCEMENT 8.1 Offences No person shall: a) construct a building without a permit issued bythe Chief Building Official; b) cause construction of a building without a permit issued by the Chief Building Official; c) demolish'a building without a permit issued by the Chief Building Official; d) cause demolition of a building without a permit issued by the Chief Building Official; e) change plans without the authorization ofthe Chief BuildingOfficial; t) construct a building not in accordance with plans; g) change the use of a building without a permit issued by the Chief Building Official; h) occupya building newly erected or installed or permit it to be occupied or used without a permit authorizing occupation from the Inspector or Chief Building Official; I i) occupy an unfinished building without a permit authorizing occupation from the \'-..-/ Inspector or Chief BuildingOfficial; . j) furnish false information on an application for permit; k) commence demolition before a building has been vacated; I) fail to post a permit on the construction site; m) fail to post a permit on the demolition site; and n) fail to'provide required notification of construction phase. (/"" ~ 8.2 Orders No personshall fail to comply with: a) an order made by an Inspector or the Chief Building Official; b) .an order not to cover made by an Inspe~toror the Chief Building Official; c) an order to uncover made by the Chief Building Official; d) a stop work order made by the Chief Building Official; e) an order to remedy an unsafe building made by an Inspector or the Chief Building Official; f) an order prohibiting use or occupancy ofan unsafe building made by the Chief Building Official; and g) an order to repair a dangerous building madeby the Chief Building Official. 8.3 'Obstruction No person shall: a) obstruct the visibility or remove a posted order without authorization from the Inspector or Chi~fBuilding Official; and b) hinder or obstruct, or attempt to hinder or obstruct, a Chief Building Official or Inspector in the exercise of a power or the performance of a duty under the Act or this By-Law. Part 9 CONTREVENTION OF BY-LAW 9.1 Penalties Every person who contravenes any provisions ofthis By-Law or the Act oris party to such contravention is guilty of an offence and is liable to a fine in accordancewit~; a) a fine as set out inSchedule "C"; or b) section 36in the Building Code Act, 1Q92,S.O. 1992, c. 23 9.2 Additional Penalties a) every person who is guilty ofan offence under this by-law may, if permitted under the Provincial Offences Act. R.S.O. 1990, c.P33 as amended, pay a set fine, and the ChiefJudge ofthe Ontario.Court ofJustice shall be requested to establish set fines as .set out in Schedule "C"; b) in addition to the penalties prescribed in this by-law, the Chief Building Official may apply under Section 36.(1) and/or 38.(1) ofthe Act for additional penalties in accordance with the Act; and c) schedule "C" shall only come into force and take effect until it is approved and filed by Regional Senior Justice, pursuant to Provincial Offences Act Part 1. Part 10 REPEAL '. 10.1 By-Laws By-Law No 09-2012 and all ofits. amendments ofthe Corporation ofthe Township of North Glengarry is hereby repealed. 10.2 Effective Date This By~Law shall come effective on the date offinal passing thereof. READ a first, second, third time and enacted in Open Council, this 11th day of February, 2014~ c Mayor I hereby certify this to bea true copy of By-lawNo. 03-2014, and that such by-law is in full force and effect~ Date Certified .. ClerkI Deputy Clerk . \. c / .. SCHEDULE "A" This isSchedule "A" to By-Law # 03-2014 respecting the list of plans or working drawings to accompany applications for permit. Residential 1) Site plan 2) Floor Plan . 3) Foundation Plan '4) Elevation Plan 5) Energy efficiency summary design 6) Full construction plans induplicate 7) M~ch~nical ventilation design summary 8) Lot grading plan Commercial 1) Site plan 2) Floor Plan 3) Foundation Plan 4) Elevation Plan 5) Et:lgineered approved drawings as per the Building Code 6) Architectural plans when applicable 7) General review certificate ofall professions involved in building design and construction '. seHEDULE fiB" This'is Schedule 'B" to By-Law #03-2014 respecting building inspection phase list. Upon com'pletion of each phase, the ChiefBuilding Official shall be notified before the contractor/builder proceeds in construction to the next phase as outlined below. Failure to comply shall mean the contractor/builder shall uncover the work requiredJor inspection at his/her own expense before proceeding with the construction. The contractor/builder shall notify the building department for inspection in accordance with part 7 ofthis By- Law. The work related to thefollowinginspection phases is not necessarily in the order of construction. However, when all phases have been inspected, the owner will'be issued a' (/ final inspection notice for occupancy purposes~ \~/ Phase 1 - After excavation Check soil, water table and footings Phase 2- Before backfill Drain tile, crushed stone, damp proofing, footings, backfill material and foundation wall Phase 3 - Substantial completion of framing Sub-floors, plates, lintels, bridging, studs, partitions, trusses/rafters, sole plate sealed to foundation Phase 4- Solid fuel heating system Commencement of construction ofmasonry fireplaces and masonry chimney. Factory built fireplaces and allied chimney and stoves, ranges, space heaters and add-on furnaces using solid fuel Phase 5- Insulation (substantial completion) Vapour barrier, Air barrier, wallcorners, doors and windows, electrical, roofbaffles, attic ventilation Phase 6- Heating and ventilation Roughing - in and substantial completion Phase 7- Plumbing Roughing - in and well connections Substantial completion of sy~tem Phase 8 - Substantial completion of interior finishes Plaster, gyproc, paneling and gyproc tape Required fire separation, closures and fire protection system Phase 9- Exterior finish Substantial completion ofroof shingles, flashing, fascia and soffit Phase 10 - Occupancy Inspection Phase 11- Final Inspection Other - Final pool Upon completion offencing and no later than two days aft~r pool has been filled or prior to occupancy of pool . SCHEDULE "C" Township of North Glengarry Part 1 Provincial Offences Act Bylaw 03-2014: Building Bylaw Page 1 of1 Item Column 1 Column 2 Column 3 Short Form Wording Provision creating Set Fines or defining offence C 1. Construct ~buildingwithout a permit 8.1(a) $450.00 2. Cause construction ofa building without a 8.1(b) $450.00 permit. 3. Demolish a building without a permit 8.1(c) . $450.00 4. Cause demolition ofa building without a 8.1(d) $450.00 permit 5. Change plans without authorization 8.1(e) $200.00 6. Construct abuil<.iingIlotin accordance 8.1(t) $300.00 with plans 7. Change the use of a building without a 8.1(g) $400.00 permit 8. Occupy a building newly erected without 8.1(h) $200.00 permit 9. Occupy an unfinished building without .8.1(i) $200.00 permit 10. Furnish false information on an 8.10) $200.00 application for a permit Ii. Commence demolition before a building_ 8.1(k) $400.00 has beenvacated 12. Fail to post permit on construction site 8.1(1) $75.00 13. Fail to post permit on demolition site 8.1(m) $75.00 14. Fail to provide requirednotification of 8.1(n) $75.00 construction phase 15. Fail to cOmply with an order 8.2(a) $450.00 16. Fail to comply with an order not to cover 8.2(b) $300.00 17. Fail to comply with an order to uncover 8.2(c) $450.00 18. Fail to comply with a stop work order 8.2(d) $500.00 _ 19. Fail to comply with an order to remedy an 8.2(e) $450.00 unsafe building 20. Fail to comply with an order prohibiting 8.2(t) $475.00 ' use orocciIpancy ofan unsafe building 21. Failto complywith an order to repair a 8.2(g) $475.00 dangerous b~ilding 22. Obstructthe visibility of or remove an 8.3(a) $450.00 order 23. Obstruct an inspector 8.3(b) $500.00 .~-- Note: the general penalty provision for the offences listed above is section 9 of bylaw 03- 2014, a certified copy ofwhich has been filed and section 61 ofthe Provincial Offences Act, R.S.O.1990,c.P.33. SCHEDULE "0" This is Schedule 'D"toBy-Law #03-2014 respecting building permitstypes; /' The Corporation may issue permits ofthe DESCRIPTION following classes: Building Permits, Conditional Permits, Demolition Permits and Change of Use Permits, as described below: CLASS BUILDING PERMIT Required under subsection 8(1) of the Act, it includes farm buildings, . heating and ventilation ,plumbing and sewage system permits. Plumbing Permit Issued under the building permit Farm Structure Permit Issued ~nder the building permit Sewage system permit Issued under Section 8 ofthe Building Code Heating Ventilation & Air Conditioning Permit Issued underthe building permit Conditional Permit Issued under the building permit and subsection 8(3) ofthe Act DEMOLITION PERMIT Required under subsection 8(1) of the Act CHANGE OF USE PERMIT Required under subsection 10(1) of the Act