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THE CORPORATION OF THE TOWN OF PETROLIA
BY-LAW NUMBER 53 OF 2011
Being a by-law respecting building permits and related matters
WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, Chapter 23, as
amended, authorizes the council of a municipality to pass by-laws applicable in
the area in which the municipality has jurisdiction for the enforcement of the
Building Code Act, 1992, S.O. 1992, Chapter 23;
NOW THEREFORE the Council of the Corporation of the Town of Petrolia enacts
as follows:
1. SHORT TITLE
This By-Law may be cited as the "Building Permit By-Law".
2. DEFINITIONS AND WORD USAGE
In this By-law:
(1) (a) "Act" means the Building Code Act, 1992, S.O. 1992, Chapter 23, as
amended.
(b) "applicant" means the owner of a building or property who applies for a
permit or any person authorized by the owner to apply for a permit on
the owner's behalf, or any person or corporation empowered by statute
to cause the demolition of a building or buildings and anyone acting
under the authority of such person or corporation.
(c) "Building Code" means the regulation made under Section 34(1) of the
Act.
(d) "Chief Building Official" means the Chief Building Official appointed by
Council under Section 3(2) of the Act.
(e) "Form" means any applicable form prescribed by the Province of
Ontario or the Corporation of the Town of Petrolia.
(f) "Owner" means the registered owner of the land and includes a lessee,
mortgagee in possession, and the person in charge of the property.
(g) "Permit" means permission or authorization given in writing by the
Chief Building Official to perform work regulated by the Act and
Building Code and this By-Law, or to occupy a building or part thereof
prior to its completion as regulated by the Act.
(h) "Permit Holder" means the person to whom the permit has been issued
and who assumes the primary responsibility for complying with the Act
and the Building Code.
(2)
Terms not defined in this By-Law shall have the meaning ascribed to
them in the Act or the Building Code.
3. CLASSES OF PERMITS
Classes of permits required for construction, demolition or change of use are
set forth in Schedule "A" appended to and forming part of this By-Law.
4. PERMITS
(1) To obtain a permit, an applicant shall file an application in writing on forms
prescribed by the Province of Ontario and available from the Town of
Petrolia and shall supply any other information relating to the application
as required by the Chief Building Official.
(2) Every construction permit application shall:
(a) identify and describe in detail the work, use and occupancy to be
covered by the permit for which the application is made;
(b) identify and describe in detail the existing use(s) and the proposed
use(s) for which the premises are intended;
(c) describe the land on which the work is to be done, by a description
that will readily identify and locate the site on which the building or
demolition is to occur;
(d) be accompanied by plans and specifications as described in the By-
law;
(e) be accompanied by the required fees as calculated in accordance with
Schedule "A";
(f) state the names, addresses and telephone numbers of the owner,
applicant, architect, engineer or other designer, and the constructor or
person hired to carry out the demolition, as the case may be;
(g) when Section 2.3 of the Building Code applies, be accompanied by a
signed acknowledgement of the owner on a form prescribed by the
Province of Ontario that an architect or professional engineer, or both,
have been retained to carry out the general review of the construction
or demolition of the building;
(h) when Section 2.3 of the Building Code applies, be accompanied by a
signed statement of the architect or professional engineer, or both, on
a form prescribed by the Province of Ontario, undertaking to provide
general review of the construction or demolition of the building;
(i) include, where applicable, the registration number of the builder or
vendor as provided in the Ontario New Home Warranties Plan Act;
(j) state estimated valuation of the proposed work including material and
labour; and
(k) be signed by the applicant who shall certify as to the truth of the
contents of the application.
(3) In addition to the requirements of subsection (2) above, every demolition
permit application under Subsection 8(1) of the Act shall:
(a) when Section 2.3 of the Building Code applies, be accompanied by
structural design characteristics of building and the method and time
schedule of the demolition; and
(b) be accompanied by satisfactory proof that arrangements have been
made with the proper authorities for the termination and capping of all
the water, sewer, gas, electric, telephone or other utilities and
services.
(4) In addition to the requirements of subsection (2) above, every construction
permit application for part of a building shall:
(a) include an application for the entire project; and
(b) include plans and specifications covering the part of the work for which
more expeditious approval is desired, together with such information
pertaining to the remainder of the work as may be required by the
Chief Building Official.
(5) In addition to the requirements of subsection (2) above, every conditional
permit application under Subsection 8(3) of the Act for the construction of
a building shall:
(a) state the reasons why the applicant believes that unreasonable delays
in construction would occur if a conditional permit is not granted;
(b) state necessary approvals which must be obtained in respect of the
proposed building and the time in which such approvals will be
obtained; and
(c) contain such other information, plans and specifications concerning
the complete project as the Chief Building Official may require.
(6) In addition to the applicable requirements of subsection (2) above, every
change of use permit application under Subsection 10(1) of the Act shall:
(a) describe the building or part thereof in which the occupancy is to be
changed;
(b) include plans and specifications which show the current and proposed
occupancy of all parts of the building, and which contain sufficient
information to establish compliance with the requirements of the
Building Code including, floor plans, details of wall, floor and roof
assemblies identifying required fire resistance rating and load bearing
capacities; and
(c) identify and describe in detail the current and proposed occupancies
of the building or part of a building for which the application is made.
(7) The Chief Building Official shall, where conditions in subsection (4) above
have been fulfilled, issue a permit for part of a building subject to
compliance with the Act, the Building Code and any applicable law.
(8) The Chief Building Official may, where conditions in Subsection 8(3) to
8(5) of the Act and subsection (5) above have been fulfilled, issue a
conditional permit for a building subject to compliance with the Act, the
Building Code and any applicable law.
(9) The Chief Building Official shall not, by reason of the issuance of a permit
or permits for part or parts of the building issued under subsections (4)
and (5) be under any obligation to grant any further permit or permits,
therefore.
(10)Where an application for a permit remains incomplete or inactive for six
months after it is made, the application may be deemed by the Chief
Building Official to have been abandoned and notice thereof shall be given
to the applicant.
5. REVISIONS TO PERMITS
Under Section 8(12) of the Act, no person shall make a material change or cause
a material change to be made to a plan, specification, document or other
information on the basis of which a permit was issued without notifying, filing
details with and obtaining the authorization of the Chief Building Official.
Notification of such changes and applications for revisions to issued permits shall
be submitted in writing to the Chief Building Official.
6. PLANS AND SPECIFICATIONS
(1) Every applicant shall furnish,
(a)
sufficient plans, specifications, documents and other information to
enable the Chief Building Official to determine whether the proposed
construction, demolition, or change of use conforms to the Act and the
Building Code; and
(b)
a site plan referenced to a current plan of survey certified by a
registered Ontario Land Surveyor and a copy of such a survey shall be
filed with the municipality unless this requirement is waived because
the Chief Building Official is able without having a current plan or
survey, to determine whether the proposed work conforms to the Act,
the Building Code and any other applicable law. The site plan will
include:
i)
lot size and dimensions of property;
ii)
setbacks from existing and proposed buildings to property
boundaries and to each other;
iii)
existing and finished ground levels or grades; and
iv)
existing rights of way, easements and municipal services.
v)
where applicable, method of site drainage
(2) Plans submitted shall be legible and be drawn to scale upon paper or
other suitable and durable material.
(3) The Chief Building Official shall determine the number of plans,
specifications, documents and other information required to be furnished
with an application for permit having regard for the requirements of any
Act, regulation or By-law respecting the examination or circulation of the
application.
(4) On completion of the construction of a building, the Chief Building Official
may require a set of as built constructed plans, including a plan of survey
showing the location of the building.
(5) Plans and specifications furnished according to this By-law or otherwise
required by the Act become the property of the municipality and will be
disposed of or retained in accordance with relevant legislation.
7.
FEES
(1) The Chief Building Official shall determine the required fees calculated in
accordance with Schedule "A" for the work proposed and the applicant
shall pay such fees. No permit shall be issued until such fees have been
paid in full.
(2) Where application is made for a conditional permit, the Chief building
Official may require that fees be paid for the complete project.
(3) Upon written request, the Town shall determine the amount of fees, if any,
that may be refunded in accordance with the following:
(a)
Application filed. No processing or
90% of fee refunded
review of submitted plans.
(b)
Application filed. Plans reviewed
60% of fee refunded
and permit issued.
(c)
Additional deduction for each inspection 10% of fee deducted
that has been performed.
(d)
Permits valued less than $156.34
0% refunded
8.
PERMIT REVOCATION, DEFERRAL OR REVOCATION AND TRANSFER
(1) Revocation of Permit
(a) Prior to revoking a permit under Section 8(10) of the Act, the Chief
Building Official shall give written notice of intention to revoke to the permit
holder at his last known address and, if on the expiration of thirty (30) days
from the date of such notice, the ground for revocation continues to exist,
subject to Section11(2) of this By-law , their permit shall be revoked
without further notice and all submitted plans and other information may
be disposed of or, at the request of the permit holder, returned as directed.
(b) Notification under paragraph (a) above shall be served either personally or
by registered mail. Where notification is by registered mail, it shall be
deemed to have been served on the third business day after the day of
mailing or via Courier Service.
2) Deferral of Revocation
(a) On receipt of a notice of intention to revoke a permit, a permit holder may
request in writing within thirty (30) days from the date thereof, the Chief
Building Official to defer the revocation of such permit.
(b) A request for deferral shall set out the reasons why there permit should
not be revoked and the date by which the work will be commenced or
resumed.
(c) Having considered the circumstances of the request and having
determined that there have been no changes to the Building Code and
any other applicable law which would have prevented the issuance of the
original permit, the Chief Building Official may allow a deferral to a
prescribed date, and shall notify the permit holder.
3) Transfer of Permit
Permits are transferable only upon the new owner completing a permit
application form in accordance with the requirements of Section 4(2) of this
by-law and paying the required fee.
9.
NOTIFICATIONS WITH RESPECT TO INSPECTIONS
(1) The person to whom a permit has been issued under Section 8 of the Act
shall give notice to the Chief Building Official of the readiness for
inspection at the various stages of construction set out in Section 2.4.5.1
of the Building Code.
(2) After a mandatory inspection notice has been received under Section
2.4.5.1 of the Building Code, an inspector shall undertake a site inspection
in accordance with the time frames prescribed in Section 2.4.5.3, of the
Building Code being:
- Two (2) business days after the receipt of the notice.
(3) In addition to the mandatory inspection notices prescribed in Section
2.4.5.1 of the Building Code, the owner or authorized agent shall provide
the Chief Building Official with "additional notices" as set out in Section
2.4.5.2 of the Building Code by notifying the Chief Building Official or an
inspector at least two (2) businesses days prior to each stage of
construction listed in Section 2.4.5.2 of the Building Code.
(4) A notice pursuant to this section is not effective until written or oral notice
is actually received by the Chief Building Official.
10.
PRESCRIBED FORMS
(1) The provincially prescribed forms and those prepared by the municipality
under Section 7(f) of the Act prescribed for use as applications for permits
are set out in Schedule "B" to this By-Law.
(2) The provincially mandated forms under Section 7(f) of the Act prescribed
for use as orders are set out in Schedule "C" to this By-Law.
11.
SEVERABILITY
Should any section, subsection, clause or provision of this By-law be
declared by a court of competent jurisdiction to be invalid, the same shall
not affect the validity of this By-Law as a whole or any part thereof, other
than the part so declared to be invalid.
12.
SCHEDULES
The following Schedules are attached to and form part of this By-Law:
Schedule A Classes of permits and fees
Schedule B Application forms
Schedule C Order forms
13.
EFFECTIVE DATE
This by-law shall come into force and take effect on September 6, 2011 at
which all by-laws and / or provisions of by-laws found to be inconsistent
with the provisions of this by-law shall be and are hereby repealed.
Read a first, second and third time and finally passed this 6th day of September,
2011.
_______________________
Mayor
_______________________
CAO/ Clerk