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By-law No. 2023-091
Building By-law
Table of Contents
Part I. Short Title, Purpose and Scope .......................................................... 3
Short Title ......................................................................................... 3
Purpose ............................................................................................ 3
Scope ............................................................................................... 3
Part II. Interpretation ................................................................................ 3
Headings ........................................................................................... 3
Gender and Number ........................................................................... 4
References to Applicable Law ............................................................... 4
Definitions ......................................................................................... 4
Part III. Permit Fees .................................................................................. 5
Permit Fees ....................................................................................... 5
Penalty Fees ...................................................................................... 6
Part IV. Permit Application .......................................................................... 6
Building permit .................................................................................. 6
Plumbing permit ................................................................................. 7
Conditional permit .............................................................................. 8
Foundation permit .............................................................................. 8
Demolition permit .............................................................................. 8
Change of use permit ......................................................................... 9
Occupancy permit .............................................................................. 9
Tent, demountable stages, and support structures permit ....................... 9
Partial approval ................................................................................ 10
Complete application ........................................................................ 10
Revision to permit ............................................................................ 10
Posting of permits ............................................................................ 10
Plans required on-site ....................................................................... 10
Part V. Plans and Specifications .................................................................. 10
Required plans and specifications ....................................................... 10
Part VI. Permit Transfer ............................................................................. 11
Requirements .................................................................................. 11
Part VII. Notice Requirements for Inspections .............................................. 11
Prescribed notices ............................................................................ 11
Part VIII. Prescribed Forms ........................................................................ 12
All forms ......................................................................................... 12
Applications ..................................................................................... 12
Other forms ..................................................................................... 12
Part IX. Penalties ...................................................................................... 13
Offence ........................................................................................... 13
Part X. Inspectors ..................................................................................... 13
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BY-LAW NO. 2023-091
Code of conduct ............................................................................... 13
Part XI. General ....................................................................................... 13
Invalidity ......................................................................................... 13
Repeal ............................................................................................ 13
Effective date .................................................................................. 13
Schedule 'A' - Required Plans and Specifications .................................. 14
Schedule 'B' - Code of Conduct for the Chief Building Official and Building
Inspectors ....................................................................................... 17
Last revised on July 25, 2023
Revision History:
Passed On:
Description of
amendment
2023-091 (Original)
July 24, 2023
-
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and
information. While every effort is made to ensure the accuracy of this by-law, it
is not an official version or a legal document. The original by-law should be
consulted for all interpretations and applications on this subject. For more
information or to view by-laws please contact the Clerks Department
The Corporation of the City of Owen Sound
By-law No. 2023-091
A By-law to provide for the administration and enforcement
of the Building Code Act, respecting construction, renovation
and change of use of buildings and designated structures
WHEREAS Section 7 of the Building Code Act, S.O. 1992, C.23, as amended (the
"Building Code Act") authorizes a municipal council to pass a by-law concerning
the issuance of construction, demolition and change of use permits, inspections
and related matters; and
WHEREAS Section 35 of the Building Code Act provides that the Act and the
Building Code, supersede all municipal by-laws respecting the construction or
demolition of buildings; and
WHEREAS Section 3(1) of the Building Code Act provides that the council of each
municipality is responsible for the enforcement of this Act in the municipality;
and
WHEREAS Section 3(2) of the Building Code Act provides that the council of each
municipality shall appoint a Chief Building Official and such Inspectors as are
necessary for the enforcement of this Act in the areas in which the municipality
has jurisdiction; and
WHEREAS on July 24, 2023, the Council of The Corporation of the City of Owen
Sound passed a resolution directing staff to bring forward the subject by-law for
approval and to repeal By-law No. 2007-102, as amended, in consideration of
staff report CS-23-081 presented to the Community Services Committee on July
19, 2023;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN
SOUND HEREBY ENACTS AS FOLLOWS:
Part II. Short Title, Purpose and Scope
Short Title
1.
This by-law may be cited as the "Building By-law" and as cited includes
future amendments, unless otherwise specified.
Purpose
2.
This by-law has been enacted to regulate the construction, renovation or
any change of use of buildings and designated structures to promote
safety and uniform standards.
Scope
3.
This by-law applies to all construction, demolition, or material alteration to
a building, as defined in Section 1(1) of the Building Code Act, within the
City.
Part III. Interpretation
Headings
4.
The division of this by-law into parts and the insertion of headings are for
convenient reference only and do not affect interpretation of the by-law.
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BY-LAW NO. 2023-091
Gender and Number
5.
In this by-law, unless the contrary intention is indicated, words used in the
singular include the plural and words imparting a gender include all
genders, where applicable.
References to Applicable Law
6.
All references to applicable law are ambulatory and apply as amended,
extended or re-enacted from time to time.
Definitions
7.
For the purposes of this by-law:
"Act" means the Building Code Act, S.O. 1992, C.23;
"Applicant" means the owner of the building or property who applies for a
permit, or any person authorized by the owner of a building or property to
apply for a permit on the owner's behalf, or any person empowered by the
statute to cause the demolition of a building and anyone acting under the
authority of such person;
"As constructed plans" means construction plans and specifications that
show the building and/or services and location of the buildings and/or
services on the subject property as they have 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 ten square meters
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 service systems appurtenant thereto;
b.
a structure occupying an area of ten square meters 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 building code;
"Building Code" means the regulations made under Section 34 of the Act.
"City" means the City of Owen Sound and a reference to the City is a
reference to the geographical area or to The Corporation of the City of
Owen Sound as the context requires;
"Complete" means a building permit application submitted with all required
approvals appended in accordance with Sentence 1.3.1.3(5) of the Building
Code, in order to comply with the building permit timelines as noted in
Sentence 1.3.1.3(1) of the Building Code;
"Demolish" means to do anything in the removal of a building or any
material part thereof and "demolition" has a corresponding meaning;
"Professional Engineer" means a holder of a license under the Professional
Engineers Ontario Act;
"Final Occupancy" means when all outstanding items on a partial
occupancy, including grading, have been completed;
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BY-LAW NO. 2023-091
"Owner" means the registered owner of the land and includes a lessee,
mortgagee in possession, and the person in charge of the property, acting
as the authorized agent of the owner;
"Partial Occupancy" means a permit issued to allow occupancy of a
building prior to its completion in accordance with Subsection 1.3.3 of the
Building Code;
"Permit" means written permission or written authorization from the Chief
Building Official to perform work regulated by this By-law and the Act, or
to change the use of a building or part of a building or parts thereof or, in
the case of an occupancy permit, to occupy a building or part of a building
or parts thereof;
"Permit Holder" means the owner as set out herein;
"Person" means any human being, association, chartered organization,
firm, partnership, corporation, agent or trustee, and the heirs, executors
or other legal representatives of a person to whom the context can apply
according to law;
"Pinned" or "Pinning" means placing a pin or point marking the corner(s) of
the proposed building by an Ontario Land Surveyor, Professional Engineer,
or Landscape Architect registered with The Ontario Association of
Landscape Architects;
"Plumbing" means a drainage system, a venting system and a water
system or parts thereof;
8.
Terms not defined in this By-law have the meaning ascribed to them in the
Act or the Building Code.
Part IV. Permit Fees
Permit Fees
9.
The Chief Building Official will determine the required fee for the proposed
work for which a permit is required in accordance with the Fees and
Charges By-Law. A permit will be issued once the required fees have been
paid in full.
10.
Where application is made for a conditional permit, the full building permit
fees must be paid in addition to the conditional permit fee. A conditional
permit will be issued once the required fees have been paid in full.
11.
Where application is made for a foundation permit, the foundation
application fee must be paid in full prior to the issuance of a foundation
permit. The full building permit fees must be paid prior to issuance of a
building permit and are in addition to the foundation permit fee.
12.
Where the fees payable in respect of an application issued under
subsections 8(1) or 8(3) of the Act are based on a floor area, floor area
means the total floor space of all storeys, including storeys below the first
storey, measured as the horizontal area between the exterior surface of all
exterior walls of the building.
13.
Regarding a change of use permit application issued under subsection
10(1) of the Act, the change of use permit fee will apply when no
construction is proposed or required. When construction is proposed or
required and will result in a change of use the appropriate construction
permit fee will apply.
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BY-LAW NO. 2023-091
14.
Where an application for a permit under this By-law is inactive for six (6)
months, the application may be deemed abandoned. Where an application
is deemed abandoned, notice will be provided to the applicant, giving
twenty-one (21) days to re-activate the permit. Where a permit is not re-
activated, the Chief Building Official will determine the amount of fees
eligible to be refunded in accordance with the Fees and Charges By-law.
15.
Where a permit is revoked under subsection 8(10) of the Act, notice will be
given to the applicant by way of registered mail. The Chief Building Official
will determine the amount of fees to be refunded in accordance with the
Fees and Charges By-law.
16.
Where a permit is revoked on the grounds that it was issued in error, the
City will refund 100% of the permit fee.
17.
No refund will reduce the fee paid below the minimum fee payable for the
work proposed.
18.
Refunds will be made to the person who paid the fee and who is named on
the receipt, unless such person advises the Chief Building Official in writing
to issue a refund to another person.
Penalty Fees
19.
Where construction, demolition, or change in use has commenced prior to
the issuance of a permit, the permit penalty fee payable is calculated as
follows:
Required permit fee + (Required fee x 100% to a maximum of $5,000)
20.
Payment of the penalty fee does not relieve any person from fully
complying with the Act, Building Code, or other applicable law or any
decision of a court of competent jurisdiction. For greater clarity, payment
of a penalty fee does not permit any person from commencing
construction, demolition, or change in use prior to obtaining a permit as
required by this By-law.
Part V. Permit Application
Building permit
21.
A building permit authorizes all types of construction governed by the
Building Code and may include but is not limited to: heating, ventilating
and air-conditioning systems, plumbing systems, and the relocation of an
existing structure.
22.
Every application for a building permit under subsection 8(1) of the Act
must: comply with all applicable law, be filed with the Chief Building
Official, and contain the following:
a.
a completed, dated and signed Provincial application form,
"Application for a Permit to Construct or Demolish";
b.
complete plans drawn to scale, specifications, documents and other
information as may be required by Clause 7(1)(b) of the Act, as
amended, and as prescribed in Schedule 'A' of this By-law for the
work to be covered by the permit;
c.
when Section 1.2. of Division C of the Building Code applies, a signed
'Commitment to General Review Form' from an Architect or
Professional Engineer, or both as the case may be, that has been
retained to carry out the general review of the building construction;
PAGE 7
BY-LAW NO. 2023-091
d.
if a new or additional unit is being created, a civic addressing
proposal;
e.
the proposed or existing occupancy of all parts of the building;
f.
the required fee as prescribed by the Fees and Charges By-law, and
any other deposits or charges required by law.
23.
Where a civic addressing proposal is submitted, the final civic address(es)
for the building(s) is at the sole discretion of the Chief Building Official.
24.
In order to expedite work, the Chief Building Official, at their discretion,
may split the Building Permit into conditional permits, each of which forms
a part of the Building Permit. The Chief Building Official will require
complete plans and specifications in accordance with Schedule 'A' of this
by-law for the portion of the work for which immediate approval is required
and for which a conditional permit is requested. Where a conditional permit
is issued, this will not be construed to:
a.
authorize construction beyond the plans for which approval was
given; or
b.
guarantee that approval will necessarily be granted for the entire
building or project.
25.
For a building to be constructed on a lot, the Chief Building Official may
require a survey certificate prepared by an Ontario Land Surveyor,
Professional Engineer, or Landscape Architect registered with The Ontario
Association of Landscape Architects, be provided to the Chief Building
Official prior to any construction for which a permit has been issued
proceeding beyond completion of the foundation. The survey certificate
must verify that the height of the footing or foundation for the building is
in conformity with the approved grading and drainage plan for the lot or
otherwise is in conformity with the approved building plans. Building
setbacks may be required to be confirmed by pinning the footing at the
time of the footing or foundation placement at the discretion of the Chief
Building Official.
Plumbing permit
26.
A plumbing permit authorizes construction or alteration of a plumbing
system when no other construction is being proposed.
27.
Every application for a plumbing permit under subsection 8(1) of the Act
must be filed with the Chief Building Official, and contain the information
required in Schedule 'A' of this by-law as applicable.
28.
Plumbing permits are divided into two classes:
a.
Building Plumbing: all plumbing including but not limited to site
services with a maximum size of 25.4mm (1") water lines and
152.4mm (6") sewer lateral, water distribution systems, drainage
and venting systems, grease interceptors, and sprinkler systems not
installed in conjunction with a building permit.
b.
Site Services: for water lines larger than 25.4mm (1") and sewer
lines that exceed 152.4mm (6") and are wholly contained on private
property and that are not being installed in conjunction with a
Special Service Agreement with the City's Engineering Services.
PAGE 8
BY-LAW NO. 2023-091
Conditional permit
29.
A conditional permit authorizes the construction of any stage of a building
as governed by the Building Code.
30.
Every application for a conditional permit under subsection 8(3) of the Act
must be filed with the Chief Building Official, and contain the following:
a.
information required in Schedule 'A' of this by-law, as applicable;
b.
the reasons why the applicant believes that unreasonable delays in
construction would occur if a conditional permit were not granted;
c.
the necessary approvals which must be obtained in respect of the
proposed building and the time in which such approvals will be
obtained; and
d.
the time in which plans and specifications of the complete building
will be filed with the Chief Building Official.
31.
Where an application for a conditional permit has been made and the
provisions of section 8(3) to 8(5) of the Act have been fulfilled and the
proposed work is in compliance with the Act, the Building Code and any
other applicable law, the Chief Building Official may, at the City's sole
discretion, issue a conditional permit.
Foundation permit
32.
A foundation permit authorizes the construction of a foundation of a
building prior to obtaining a building permit for the remaining construction
of the building.
33.
Every application for a foundation permit must be filed with the Chief
Building Official, and contain the following:
a.
information required in Schedule 'A' of this by-law as applicable;
b.
the necessary approvals which must be obtained in respect of the
proposed building and the time in which such approvals will be
obtained; and
c.
the time in which plans and specifications of the complete building
will be filed with the Chief Building Official.
Demolition permit
34.
A demolition permit authorizes the demolition of a building or part of a
building to the foundation level but may include the foundation.
35.
Every application for a demolition permit under Subsection 8(1) of the Act
must be filed with the Chief Building Official, and contain the following:
a.
information required in Schedule 'A' of this by-law with the necessary
modifications, as applicable;
b.
a fully executed release to certify that arrangements have been
made with the identified authorities for the termination and capping
of all the water, sewer, gas, electric, telephone, fiber optic, or other
utilities and services;
c.
proposed plans for the site including a proposed grading, drainage
and restoration plan as required by the Chief Building Official;
d.
when Section 1.2. of Division C of the Building Code applies, a signed
'Commitment to General Review Form' from a Professional Engineer
PAGE 9
BY-LAW NO. 2023-091
that has been retained to carry out the general review of the building
demolition;
e.
when article 1.2.2.3 of Division C of the Building Code applies, a
demolition plan provided by a Professional Engineer;
f.
a security deposit in the form of cash or a letter of credit acceptable
to the Treasurer of the City in the amount prescribed by the Fees
and Charges By-Law.
36.
Where the building or buildings to be demolished exceed 2,000m2 of total
floor area, the applicant must comply with Ontario Regulation 102/94, or
successor legislation, "Waste Audits and Waste Reduction Work Plans."
37.
Every person undertaking demolition in the City must notify the Ministry of
the Environment of any hazardous materials on the site of the proposed
demolition and obtain all required permits.
Change of use permit
38.
A change of use permit authorizes a change in the use of a building or part
of a building for which no construction requiring a permit is being proposed
and would result in an increase in hazard outlined in Division B Part 10 and
Part 11 of the Building Code.
39.
Every application for a change of use permit under Subsection 10(1) of the
Act must be filed with the Chief Building Official, and contain the following:
a.
information required in Schedule 'A' of this by-law with the necessary
modifications, as applicable; and
b.
identification and description, in detail, of the current and proposed
occupancies of the building or part of a building for which the
application is made.
Occupancy permit
40.
An applicant will be provided with an occupancy permit following the
passing of an occupancy inspection and in compliance with Division C
Subsection 1.3.3. of the Building Code and Subsection 11 of the Act. The
Chief Building Official may, in the City's sole discretion, issue a Partial
Occupancy Permit if the Chief Building Official can prove compliance with
Division C Subsection 1.3.3.
Tent, demountable stages, and support structures permit
41.
Every application for a tent, demountable stage, or support structure
permit under Subsection 1.3.1. of the Building Code must be filed with the
Chief Building Official, and contain the following:
a.
a completed, dated and signed application form, "Application for a
Permit to Erect a Tent";
b.
a site plan showing the location of the tent(s), and distances
between tents to other structures and the property line, or a site
plan showing the location of all stages and/or support structures,
and the distances between other structures and the property lines;
c.
information required in Schedule 'A' of this by-law with the necessary
modifications, as applicable; and
d.
the required fee as prescribed by the Fees and Charges By-law.
PAGE 10
BY-LAW NO. 2023-091
Partial approval
42.
When, to expedite work, approval of a portion of the building or project is
desired prior to the issuance of a permit for the complete building or
project, application may be made for a conditional permit for that portion
of the building or project. Complete plans and specifications covering the
portion of the work for which immediate approval is desired must be filed
with the Chief Building Official and approved. Fees for a conditional permit
are additional to the fees for the entire project and are to be paid prior to
issuance.
43.
Where a permit is issued for part of a building or project, such permit does
not authorize construction beyond the plans for which approval is given nor
guarantees that the City will approve the entire building or project.
Complete application
44.
To obtain a permit an applicant must file a complete application on forms
regulated by the Province of Ontario and those required by the Chief
Building Official. The required information described in this By-Law must
be submitted in PDF format using the digital platform in use by the City at
the time of the application.
Revision to permit
45.
After the issuance of a permit under this by-law, notice of any material
change to a plan, specification, document, or other information that was
provided in support of the application must be given in writing by the
owner or his/her agent to the Chief Building Official together with the
details of such change. Any change in construction that results from a
change to a plan, specification, document, or other information must not
be undertaken without approval from the Chief Building Official. Revisions
to an existing permit are subject to the required fees as prescribed by the
Fees and Charges By-Law.
Posting of permits
46.
Where a permit has been issued in accordance with this By-Law, the
person to whom it is issued must have the permit or a copy of it posted at
all times during construction or demolition in a conspicuous place on the
property in respect of which the permit was issued.
Plans required on-site
47.
The person in charge of the construction or demolition must keep and
maintain on the site of the construction or demolition a stamped copy of
the drawings that were approved by the Chief Building Official.
Part VI. Plans and Specifications
Required plans and specifications
48.
Sufficient information must be submitted with each application for a
permit, as set out in Schedule 'A' to this by-law, to enable the Chief
Building Official to determine whether the proposed construction,
demolition, change of use, etc., will conform with the Act, the Building
Code, and any other applicable law.
49.
Plans submitted must be drawn to scale on paper or appropriate computer
software. The Chief Building Official may refuse to accept any plan which in
their opinion is not drawn to scale or legible.
PAGE 11
BY-LAW NO. 2023-091
50.
Each application must, unless otherwise specified by the Chief Building
Official, be submitted digitally in PDF format.
51.
Every applicant must submit a site plan referenced to a current plan of
survey that is certified by a registered Ontario Land Surveyor, unless this
requirement is waived by the Chief Building Official.
52.
The granting of a permit, the review of drawings and specifications, or the
inspection of a building by the Chief Building Official or an inspector does
not in any way relieve the owner of a building from full responsibility for
carrying out the work or having the work carried out in accordance with
the requirements of this By-law, the Act and the Building Code, including
ensuring that the occupancy of the building, or any part thereof, is in
accordance with the terms of this by-law and the Building Code.
53.
On completion of construction of a building, the Chief Building Official may
require, at the cost of the owner, a set of as-constructed plans or a plan of
survey showing its location, prior to completing a final inspection.
Part VII. Permit Transfer
Requirements
54.
Permits are transferable only upon the new owner of the same property
completing a Provincial application form, "Application for a Permit to
Construct or Demolish" and paying the Permit Transfer fee prescribed by
the Fees and Charges By-law, subject to approval of the Chief Building
Official.
Part VIII. Notice Requirements for Inspections
Prescribed notices
55.
The owner or an authorized agent must notify the Chief Building Official or
an inspector at least two business days prior to the following stages of
construction:
a.
readiness to construct footings;
b.
substantial completion of footings and foundation 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 of the Building Code;
d.
substantial completion of structural framing and rough-in of heating,
ventilation, air-conditioning and air-contaminant extraction
equipment, if the building is not a building within the scope of Part 9
of Division B of the Building Code;
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;
PAGE 12
BY-LAW NO. 2023-091
ii.
water service pipes;
iii.
fire service mains;
iv.
drainage systems and venting systems;
v.
water distribution system; and
vi.
plumbing fixtures and plumbing appliances;
j.
readiness for inspection of suction and gravity outlets, covers and
suction piping serving outlets for an outdoor pool described in Clause
1.3.1.1.(1)(j) of Division A of the Building Code, 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.(1)(j) of Division A of the
Building Code, a public pool or a public spa and substantial
completion of the pool before it is first filled with water;
l.
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)
of the Building Code or to permit occupancy under Sentence
1.3.3.2.(1) of the Building Code, 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) of the Building Code.
56.
A notice pursuant to this section is only effective once the written or oral
notice is received by the Chief Building Official.
57.
Inspections that are deemed to be 'failed' by the inspector of record will
result in a failed inspection fee as outlined in the Fees and Charges By-
Law.
Part IX. Prescribed Forms
All forms
58.
The forms prescribed for use are regulated by the Province of Ontario and
the Chief Building Official.
Applications
59.
An application for a permit pursuant to this by-law must be made using the
form in effect at the time of the application.
Other forms
60.
The Chief Building Official may prescribe other forms to implement and
enforce the provisions of the Act, the Building Code, and this by-law.
PAGE 13
BY-LAW NO. 2023-091
Part X. Penalties
Offence
61.
Section 36 of the Building Code Act provides that a person is guilty of an
offence under the Building Code Act if a person contravenes the Building
Code Act, or the regulations of this by-law.
Part XI. Inspectors
Code of conduct
62.
The Chief Building Official and Building Inspectors must adhere to the Code
of Conduct set out in Schedule 'B' of this by-law.
Part XII. General
Invalidity
63.
Should any section, subsection, clause or provision of this By-law be
declared by a court of competent jurisdiction to be invalid, the same will
not affect the validity of this By-law as a whole or any part thereof, other
than the part so declared to be invalid.
Repeal
64.
By-law 2007-102 is repealed.
Effective date
65.
The by-law will come into full force and effect on the date that it is passed
as which time all by-laws, policies and resolutions that are inconsistent
with the provisions of this by-law are hereby repealed, revoked or
rescinded, as the case may be, insofar as it is necessary to give effect to
the provisions of this by-law.
FINALLY PASSED AND ENACTED this 24th day of July, 2023.
Mayor Ian C. Boddy
Briana M. Bloomfield, City Clerk
PAGE 14
BY-LAW NO. 2023-091
Schedule 'A' - Required Plans and Specifications
CBO may specify
1.
The Chief Building Official may, in their sole discretion, specify that only
some of the plans noted below are required to accompany an application
for a permit pursuant to this By-law.
Additional plans and specifications
2.
In addition to the application requirements, the Chief Building Official may
require, in their sole discretion, the submission of other plans and
specifications that provide information necessary to ascertain whether the
proposed project meets the requirements of the Building Code Act, the
Building Code, and other applicable laws.
Residential projects containing up to 2 units
3.
Plans and specifications must be drawn to scale, fully dimensioned, and
completed by a competent person or, if required, be completed by a
qualified person as set out in Division C Part 3 of the Building Code. Unless
deemed unnecessary by Section 1 of this schedule the following plans and
specifications must be submitted with the permit application:
a.
a recent survey of the property;
b.
written authorization from the Owner if the applicant is not the
property owner;
c.
a site plan showing property lines, easements, existing buildings,
proposed buildings, driveways and parking areas, trees and green
space;
d.
a site drainage plan completed by a Professional Engineer licensed in
the Province of Ontario, unless otherwise specified by the Chief
Building Official. The plan must show existing and proposed grades,
existing and proposed drainage, existing buildings, proposed
buildings, driveways and parking areas, trees, utilities, service
locations and sizing, and finished floor elevations of all buildings.
e.
floors plans including but not limited to:
i.
room sizes and uses;
ii.
door and window location and sizing;
iii.
smoke and carbon monoxide alarm locations;
iv.
finishes of all walls, floors, and ceilings; and
v.
fire separations;
f.
construction plans including but not limited to:
i.
framing for all walls, floors, and roof;
ii.
foundation sizing and backfill requirements;
iii.
insulation, vapour barrier, air barrier, and cladding systems;
and
iv.
stairs, guards, and handrail designs;
g.
building elevations and spatial separation calculations;
h.
building and/or wall sections;
i.
heat loss/heat gain calculations;
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BY-LAW NO. 2023-091
j.
an energy efficiency design summary;
k.
duct layout or radiant floor loop design as applicable;
l.
manufacturer's truss layout and profiles; and
m.
manufacture's floor layouts for framing systems outside of the
Building Code.
Commercial, Institutional, Industrial, and Residential containing more
than 2 units
4.
Plans and specifications must be drawn to scale, fully dimensioned, and
completed by a qualified person as set out in Division C Part 1 or Division
C Part 3 of the Building Code. Unless deemed unnecessary by Section 1 of
this schedule the following plans and specifications must be submitted with
the permit application:
a.
a recent survey of property;
b.
written authorization from the Owner if the applicant is not the
property owner;
c.
a general commitment to review form, if required by subsection
1.2.2. in the Building Code;
d.
a site plan showing property lines, easements, existing buildings,
proposed buildings, driveways and parking areas, trees and green
space, and all the requirements of Site Plan Approval, if applicable;
e.
a site drainage plan completed by a Professional Engineer licensed in
the Province of Ontario unless otherwise specified by the CBO. The
plan must show existing and proposed grades, existing and proposed
drainage, existing buildings, proposed buildings, driveways and
parking areas, trees, utilities, fire hydrants, service locations and
sizing, finished floor elevation of all buildings and all the
requirements of the Site Servicing Agreement, if applicable;
f.
Ontario data code matrix;
g.
floors plans including but not limited to:
i.
room sizes and uses;
ii.
door and window location and sizing;
iii.
fire separations;
h.
structural plans and specifications;
i.
a life safety plan including but not limited to:
i.
exits and travel distances;
ii.
emergency lighting and exit signs;
iii.
fire separations;
iv.
pull stations and fire alarm panels;
v.
smoke and carbon monoxide alarms and/or heat detector
locations;
vi.
fire extinguisher types and locations;
vii.
standpipe and hose cabinets; and
viii.
the sprinkler system design;
j.
building elevations and spatial separations calculation;
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BY-LAW NO. 2023-091
k.
building and/or wall sections;
l.
heat loss/heat gain calculations;
m.
mechanical plans including but not limited to:
i.
the plumbing layout;
ii.
the heating and cooling design including fire dampers and in-
duct smoke detectors; and
iii.
electrical plans;
n.
manufacturer's truss layout and profiles, or engineered design; and
o.
manufacturer's floor layouts, or engineered design.
Tents, demountable stages, support structures
5.
Plans and specifications must be drawn to scale, fully dimensioned, and
completed by a qualified person as set out in Division C Part 1 or Division
C Part 3 of the Building Code. Unless deemed unnecessary by Section 1 of
this schedule the following plans and specifications must be submitted with
the permit application:
a.
written authorization from the Owner if the applicant is not the
property owner;
b.
a general commitment to review form;
c.
a site plan showing property lines, easements, existing buildings,
proposed buildings, driveways and parking areas, trees and green
space;
d.
structural plans by a Professional Engineer;
e.
number and location of washrooms;
f.
interior layout of tents showing, exits, stages and equipment, and
locations of fire extinguishers;
g.
tent fabric flame resistance rating certificate; and
h.
bleacher location and design, if applicable.
PAGE 17
BY-LAW NO. 2023-091
Schedule 'B' - Code of Conduct for the Chief Building Official and
Building Inspectors
Preamble
1.
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 or the Building Code.
2.
The purpose of the Code is to:
a.
promote appropriate standards of behaviour and enforcement
actions to ensure Building Officials apply standards with honesty and
integrity; and
b.
prevent practices constituting an abuse of power including unethical
or illegal practices.
Enforcement guidelines
3.
Compliance with this Code of Conduct shall constitute a condition of
employment as a Chief Building Official or inspector appointed under the
Building Code Act. Any Chief Building Official or inspector who fails to act
in accordance with the provisions of the Code may be subject to
disciplinary actions appropriate to the seriousness of the breach. All
allegations concerning a breach of the Code of Conduct must be made in
writing.
4.
An inspector who has reason to believe that this Code of Conduct has been
breached shall bring the matter to the attention of the Chief Building
Official in writing. Where the allegation concerns the actions of the Chief
Building Official, the matter shall be brought to the Director of Community
Services in writing.
5.
Any member of the public who has reason to believe that this Code of
Conduct has been breached may bring the matter to the attention of the
Chief Building Official in writing. Where the allegation concerns the actions
of the Chief Building Official, the matter may be brought to the attention of
the Director of Community Services in writing.
6.
Upon receipt of a written allegation, the Chief Building Official or the
Director of Community Services will investigate the matter, and where
appropriate will commence disciplinary action in accordance with the
employment standards of the City. All communications received by a Chief
Building Official or the Director of Community Services concerning a breach
of this Code will be treated confidentially and shared only with those who
require knowledge of the allegation to assist with resolving the matter.
Code of conduct
7.
In exercising powers and performing duties under the Building Code Act,
the Chief Building Official and inspectors must:
a.
always act in the public interest, particularly with regard to the
safety of building works and structures;
b.
not 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 and the public at large and their personal
interests;
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BY-LAW NO. 2023-091
c.
apply all relevant building by-laws, codes and standards
appropriately and without favour;
d.
perform their inspections and plan examination duties impartially
and in accordance with the highest professional standards;
e.
at all times abide by the highest moral and ethical standards and
avoid any conduct, which could bring or tend to bring Building
Officials into disrepute;
f.
comply with the provisions of the Building Code Act, the Ontario
Building Code and other Acts or Laws, which regulate or govern
Building Officials' functions;
g.
not act beyond their personal level of competence or outside their
area of expertise;
h.
maintain current accreditation to act as an Ontario Building Official;
i.
maintain their knowledge and understanding of the best current
building practices, the building laws and Codes relevant to their
inspection and plan examination function;
j.
extend professional courtesy to all; and
k.
abide by any code of conduct applicable to all City Employees.