Building By-law No. 1538-2005 Respecting Constructing, Demolition and Change of Use Permits and Inspections (office consolidation incl. amendments to 2018)
Prince Edward, Ontario
· adopted 2005-06-27
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unofficial consolidation, the official version is held by the municipal clerk.
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THE CORPORATION OF THE COUNTY OF PRINCE EDWARD
BY-LAW NO. 1538 -2005
As Amended by By-law 2817-2011, By-law 2912-2011, By-law 3146-
2012 and By-law 4162-2018
BEING A BY-LAW RESPECTING CONSTRUCTING, DEMOLITION AND
CHANGE OF USE PERMITS AND INSPECTIONS
WHEREAS Section 7 of the Building code Act, S.O. 1992, c.23 provides that
Municipalities may pass By-laws respecting construction, demolition and change
of use permits and inspections;
AND WHEREAS the Council for the Corporation of the County of Prince Edward
considers it necessary and advisable to enact such a By-law;
NOW THEREFORE the Council for the Corporation of the County of Prince
Edward enacts as follows:
1.
SHORT TITLE
This By-law may be cited as the "Building By-law"
2.
LAND SUBJECT TO BY-LAW
The provisions of this by-law shall apply to all lands located within the
boundaries of the Corporation of the County of Prince Edward.
3.
SCHEDULES TO THE BY-LAW
The following schedules which are attached to this By-law are intended to
form part of this By-law:
SCHEDULE "A":
Classes of Permits and Permit Fees
SCHEDULE "B":
Administration Fees
SCHEDULE "C":
Refund of Fees
Removed by By-law 2817-2011
SCHEDULE "D":
Permit Application
SCHEDULE "E":
Order to Comply
SCHEDULE "F"
Order Not to Cover or Enclose
SCHEDULE "G"
Order Requiring Tests and Samples
SCHEDULE "H"
Order to Uncover
SCHEDULE "I"
Stop Work Order
SCHEDULE "J"
Certificate of Appointment
SCHEDULE "K"
Code of Conduct
SCHEDULE "L"
Sewage System Permit Application
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4.
DEFINITIONS
(1)
In this By-law,
a)
"Act" means the Building Code Act, S.O. 1992, c.23 including any
amendments thereto;
b)
"Agent" means a person authorized in writing by an owner to act
on behalf of the owner in making an Application pursuant to the
By-law;
c)
"Building" means:
(i)
a structure occupying an area greater than 10 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 service systems appurtenant
thereto;
(ii)
a structure occupying an area of 10 square metres or less
that contains plumbing, including the plumbing appurtenant
thereto;
(iii)
plumbing not located in a structure;
(iv)
a sewage system; or
(v)
structures designated in the Building Code.
d)
"Building Code" means the regulations made pursuant to Section
34 of the Act;
e)
"Building Inspector" means an inspector as appointed by By-law by
Council for the Municipality for the purposes of enforcement of the
Act and the Building Code;
f)
"Chief Building Official" means a Chief Building Official appointed by
By-law by Council of the Municipality under Section 3 of the Act;
g)
"Complete Demolition" shall include the entire structure or
building being demolished, a partial demolition shall not
constitute a complete demolition.
(Included new definition as per by By-law 3146-2012)
h)
"Construct" means to do anything in the erection, installation,
extension or material alteration or repair of a building and includes
the installation of a building unit fabricated or moved from
elsewhere and "construction" has a corresponding meaning;
i)
"Cover All Building" means a building that does not have any
exterior cladding on exterior walls or has an exterior cladding on
exterior walls that consists of materials such as canvas, plastic or
similar materials and that is used for storage or shelter for goods,
chattels, tools, equipment, merchandise, machinery, farm supplies,
farm produce, hay, straw or animals;
j)
"Demolish" means to do anything in the removal of a building or
any material part thereof and "demolition" has a corresponding
meaning;
k)
"Deputy Chief Building Official" mean a Deputy Chief Building
Official appointed by By-law by Council of the Municipality under
Section 2 of the Act;
l)
"Municipality" means the Corporation of the County of Prince
Edward;
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m)
"Owner" means the person whose name appears on the deed or
transfer registered in the Registry Office for the County of Prince
Edward for the land in respect of which an Application is made
pursuant to this By-law;
n)
"Permit" means the written permission or written authorization
from the Chief Building Official to proceed with work that is
regulated by this By-law, the Building Code or the Act and includes
the following classes of permits:
(i)
Building Permit: Permit issued pursuant to Section 8 (1) of
the Act for the construction of any building or structure;
(ii)
Demolition Permit: Permit issued pursuant to Section 8 (1)
of the Act for the demolition of any building or structure;
(iii)
Change of Use Permit: Permit issued pursuant to Section 10
of the Act for any change in the occupancy of a building or
structure;
(iv)
Conditional Permit: Permit issued pursuant to Section 8 (3)
of the Act permitting the construction of a stage or stages of
a building or structure subject to the conditions set out in
the permit;
(v)
Sewage System Permit: Permit issued pursuant to Part VIII
of the Building Code for the installation of private sewage
systems having a capacity of up to 10,000 litres per day;
(vi)
Swimming Pool Permit: A permit issued pursuant to the
Municipal Act for the construction, assembly and
installation of a private outdoor swimming pool.
o)
"Subject Lands" means the lands upon which a building that forms
the subject matter of an Application for a Permit is located or will
be located;
p)
"Zoning By-law" means the comprehensive zoning By-law of the
Municipality or former Municipalities that comprise the present
Municipality passed pursuant to the provisions of Section 34 of the
Planning Act, R.S.O., 1990, c.P-13 or its predecessor provisions;
(2)
Any word or term that is used in this By-law and that is defined in
the Act or the Building Code shall have the same meaning in this
By-law as its definition in the Act or the Building code unless
otherwise provided in this By-law.
5.
APPLICATION FOR PERMITS:
(1)
No person shall:
(a)
construct or cause to be constructed any building or structure;
(b)
demolish or cause to be demolished any building or structure;
(c)
change the major use or occupancy of a building or structure;
(d)
commence construction on any stage of any building or structure;
(e)
install any sewage system; or
(f)
construct, assemble or install any private outdoor swimming pool
without having first applied for and obtained the permit as required by
this By-law for such purpose from the Chief Building Official.
(2)
No person shall take any of the steps or actions referred to in
subsection 5 (1) above except in accordance with the plans,
specifications, documents and other information which were
included in the application pursuant to which the permit was issued
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or any changes or modifications thereto that have been approved
in writing by the Chief Building Official or a building inspector.
(3)
To obtain a permit as required by the provisions of the Act, the
Building Code and this By-law, the owner or an agent authorized by
the owner shall file an Application in writing with the Chief Building
Official or a building inspector in required form as set out in
Schedule "D" of the By-law and shall provide as part of the
Application for the permit the information required for that permit
in this By-law.
6.
FEES
(1)
The fees to be charged for an application for a Permit shall be in
accordance with the fees and charges schedule of the Municipality
in effect at the time of the Application and attached to this By-
law as Schedule "A".
Removed by By-law 2817-2011
(2)
Where the fees payable in respect of an application for a
construction or demolition permit issued under Section 8 (1) of the
Act or a conditional permit issued under Section 8 (3) of the Act are
based on a floor area, the floor area shall mean the total floor
space of all stories measured as a horizontal area between the
exterior walls of the building.
(3)
Where fees payable in respect of an application for a Change of Use
Permit issued under Section 10 (1) of the Act are based on the
floor area, the floor area shall mean the total floor space of all
stories subject to the change of use.
(4)
Administration Fees will apply as necessary as provided for
in Schedule "B" attached to this by-law. Removed by By-law
2817-2011
7.
CLASSES OF PERMITS:
(1)
Every Application for a Permit shall be submitted to the Chief
Building Official and shall contain the information required in this
Section.
(2)
Building Permit:
Where an Application is made for a Building Permit pursuant to
Section 8 (1) of the Act, the Application shall:
(a)
Identify and describe in detail the work and occupancy to be
covered by the Permit for which the Application is made;
(b)
Describe the land upon which the work is to be done by a legal
description and municipal address that will readily identify and
locate the building lot together with a copy of the most recent
survey or deed for the Subject Land and the location and
occupancy of any adjacent buildings;
(c)
Include complete plans and specifications as described in this By-
law for the work to be covered by the Permit and show the
occupancy of all parts of the building;
(d)
State the valuation of the proposed work including materials,
labour, equipment, overhead, professional and related services and
be accompanied by the required fee as determined by the Chief
Building Official or building inspector;
(e)
State the names, addresses and telephone numbers of the Owner
and architect or engineer (where applicable) or other designer or
contractor;
(f)
Be accompanied by a written acknowledgement from the owner
that the owner has retained an architect or professional engineer to
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carry out the field review of the construction where required by the
Building Code;
(g)
Contain all information required by the Chief Building Official or
building inspector to demonstrate that the proposed construction
will conform with the Act and Building Code and other applicable
law;
(h)
Unless not required by the Chief Building Official, be accompanied
by a site plan drawn to an appropriate scale upon paper with
accurate dimensions referenced to an up to date land survey
certified by a registered Ontario Land Surveyor and showing:
(i)
the dimensions of the proposed building;
(ii)
any right-of-way or easement located on the Subject Lot
and the distance between the proposed building and right-
of-way or easement;
(iii)
the location of the proposed building;
(iv)
the distance to the building from the property lines, adjacent
buildings and other prominent physical features such as
escarpments, flood plains and water courses;
(v)
existing and proposed finished grade levels;
(vi)
the proposed use of each room in the said building;
(vii)
the location and dimensions of all other buildings that may
be located on the subject lands; and
(viii) the location and dimensions of all existing and proposed
driveways, parking areas and loading spaces on the subject
lands.
(i)
Be accompanied by two complete sets of building plans and
specifications unless otherwise specified by the Chief Building
Official;
(j)
Be signed by the owner or the owner's authorized agent who shall
certify the truth of the contents of the application;
(k)
Include any permit or letter of authorization that may be required
for the provision of services or utilities such as waster, heat and
hydro;
(l)
Include, where required by a municipal By-law, an entrance permit
issued by the Municipality's Road Superintendent for the purpose of
providing access from the Subject Lands to a municipal highway;
(m)
Include, where a municipal sewage system is not available, a
sewage system permit as issued by the Municipality's sewage
system inspector;
(n)
Include, where the Subject Lands or any part of the subject Lands
may be located within the 1 in 100 year flood line, or within a
designated fill line associated with a water course or wetland, a
letter form the Quinte Conservation Authority (Prince Edward
Region) stating that the proposed building will not be located in
whole or in part within the 1 in 100 year flood line and advising as
to the distance between the proposed building and the 1 in 100
year flood line or in the alternative a permit from the Quinte
Conservation authority allowing construction in accordance with its
Fill, construction and Alteration to Waterways regulations (Ont.
Reg. 417/94); and
(o)
Include a letter from the owner advising as to the manner of
disposal and re-use of garbage and waste material from the
Subject Lot.
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(3)
Demolition Permit:
Where an Application is made for a Demolition Permit pursuant to
Section 8 (1) of the Act, the application shall:
(a)
contain the information as required by clauses (2) (a) to (h) above;
(b)
identify the structural design and characteristics of the building;
(c)
describe the method of demolition;
(d)
contain a statement certifying that the building has been vacated
by the occupants;
(e)
be accompanied by proof satisfactory to the Chief Building Official
that arrangements have been made with the proper authorities for
the cutting off and plugging of all water, sewer, gas, electric,
telephone and other utilities and services;
(f)
advise as to the manner of disposal or reuse of material and waste
arising from the demolition; and
(g)
be signed by the owner or the owner's agent who shall certify the
truth of the contents of the Application.
(h)
except for a farm building, the property shall be leveled,
seeded and maintained immediately after the demolition of
a building;
THAT a $1000.00 security deposit be collected for all
Complete Demolition permits, which will be returned when
the permit is completed and finalized or forfeited if the work
is not done and used to complete the requirements of 7 (3)
(h).
New section added as per By-law 3146-2012
(4)
Change of Use Permit:
Where an Application is made for a Change of Use Permit issued
pursuant to Section 10 of the Act, the Application 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 a building for which the
Application is made;
(c)
include plans and specification showing the current and proposed
occupancy of all parts of the building and which contains sufficient
information to establish compliance with the requirements of the
Building Code including floor plans, details of wall, ceiling and roof
assemblies identifying required fire resistance ratings and load
bearing capacities and details of the existing sewage system if any;
(d)
be accompanied by the required fee;
(e)
provide the name, address and telephone number of the owner;
and
(f)
be signed by the owner or his or her authorized agent who shall
certify the truth of the contents of the application.
(5)
Conditional Permit:
Where an Application is made for a Conditional Permit under
subsection 8 (3) of the Act the Application shall:
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(a)
contain the information required by clauses 2 (a) to (h);
(b)
contain such other information, plans and specifications concerning
the complete project as the Chief Building Official or Building
Inspector may require;
(c)
state the reasons why the applicant believes that unreasonable
delays in construction would occur if a Conditional Permit is not
granted;
(d)
State the necessary approvals including any servicing agreements
which must be obtained in respect of the proposed building and the
estimated 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.
(6)
Sewage System Permit:
Every Application for a Sewage system Permit shall be submitted to
the Sewage System Inspector and shall contain the following
information:
(a)
the information required by clauses 2 (a) to (h) in respect of
Building Permits;
(b)
the name, address, telephone number and licence number of the
person constructing, installing, servicing, repairing, cleaning or
emptying the sewage system;
(c)
where the person named in (b) above requires a licence under the
Act or the Building Code, the number and date of issuance of the
licence and the name of the qualified person supervising the work
to be done under the sewage system permit;
(d)
a brief written description of the use of the proposed building or
lands that will be connected to or contribute to the sewage system
to be installed including, where required by the sewage system
inspector, an estimate of the expected sewage flows through the
sewage system to be provided by a professional engineer, duly
licensed to practice as a professional engineer in the Province of
Ontario;
(e)
a site evaluation conducted by a professional engineer if considered
necessary by the sewage septic inspector which shall include all of
the following information unless otherwise specified by the Sewage
System Inspector:
(i)
the date that the evaluation was done;
(ii)
the name, address, telephone number and signature of the
person who prepared the evaluation;
(iii)
a detailed scaled map of the site showing:
(A)
the legal description, lot size, property dimensions,
(including location of the front, rear, and side lot
lines), existing rights-of-way, easements, municipal
utility corridors and prominent physical features such
as wetlands and escarpments;
(B)
the location of items listed in column 1 at Tables
8.2.1.5.,
8.2.1.6.A, 8.2.1.6.B, and 8.2.1.6.C of the Building
code;
(C)
the location of the proposed sewage system;
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(D)
the location of any unsuitable, disturbed or compacted
areas;
(E)
the proposed access routes for system maintenance.
(iv)
depth of soil to bedrock;
(v)
depth to zones of soil saturation;
(vi)
soil properties including soil permeability; and
(vii)
site drainage including and potential for flooding.
(7)
Swimming Pool Permit:
Every permit for the construction of a private outdoor swimming
pool shall:
(a)
contain the information as required by clauses 2 (a) to (h)
above;
(b)
contain a plan showing the location of a fence having a
minimum height of 5 feet, measured from the ground to the
top of the fence, that will enclose the swimming pool.
(8)
Cover All Building:
Any person who intends to construct a Cover All Building shall
make an application for a building permit for the Cover All Building
pursuant to the provisions of Section 7 (2) and shall, in addition to
the information provided in Section 7 (2), provide the following
information:
(a)
any engineering plans, specifications or requirements
prepared or produced by the manufacturer of any of the
components for the Cover All Building; and
(b)
a letter from a professional engineering licensed to practise
as a professional engineer in the Province of Ontario
certifying that the engineer will provide to the Chief Building
Official, upon completion of the construction of the coverall
building, a report signed and sealed by the engineer
certifying that the engineer supervised the construction of
the Cover All Building and that the Cover All Building as
constructed complies with the plans, specifications and
requirements of the manufacturer of the Cover All Building
and the requirements of the Building Code.
8.
EQUIVALENCE:
Where an application for a permit or for authorization to make a material
change to a plan, specification, document or other information on the
basis of which a permit was issued contains an equivalent material system
or building design for which authorization under Section 9 of the Act is
requested, the Applicant shall provide the following information:
(a)
a description of the proposed material, system or building design
for which authorization under Section 9 of the Act is requested;
(b)
the applicable provisions of the Building Code concerning the
material, system, or building design for which the authorization for
an equivalent is being requested; and
(c)
evidence that the proposed material system, or building design will
provide the level of performance required by the Building Code.
9.
ISSUANCE OF PERMIT
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The Chief Building Official shall issue a Permit for which an application has
been made except where:
(a)
the proposed building or the proposed construction or demolition
will not comply with any provisions of the Act, the Building code,
this by-law or will contravene any other applicable law;
(b)
the Applicant is a builder as defined in the Ontario New Home
Warranties Plan Act, R.S.O. 1990, c.O-31 and is not registered
under that Act; or
(c)
the Application as required by this By-law is incomplete; and
(d)
any fees due pursuant to this By-law are unpaid.
10.
ACKNOWLEDGEMENT OF OCCUPANCY
Upon the written request of the Owner, the chief Building Official or
Building Inspector may provide the Owner with written acknowledgement
that the building for which a permit has been issued may, as of the date
of the letter, be occupied pursuant to the provisions of Section 2.4.3.2 of
the Building Code.
11.
DOCUMENTS TO BE KEPT ON SUBJECT LANDS
The person to whom a Permit has been issued pursuant to the provisions
of this By-law shall, during construction or demolition (as the case may
be):
(a)
keep posted in a conspicuous place on the Subject Lands a copy of
the Permit;
(b)
keep a copy of the approved drawings and specifications upon
which the Permit was issued on the Subject Lands; and
(c)
keep an appropriate placard on the civic address post where
available.
12.
PLANS AND SPECIFICATIONS
(1)
Sufficient information shall be submitted with each application for a
Permit to enable the Chief Building Official, and any building
inspector, or the sewage system inspector to determine whether or
not the proposed construction, demolition, change of use,
occupancy or installation, construction and maintenance of a
sewage system will conform with the Act, the Building Code, this
By-law and any other applicable law;
(2)
Each Application shall, unless otherwise specified by the Chief
Building Official, be accompanied by two complete sets of the plans
and specifications required under this By-law;
(3)
The plans shall be drawn to scale on paper or other durable
material and shall be legible and, without the limiting the generality
of the foregoing, shall include such working drawings as may be
required by this By-law unless otherwise specified by the Chief
Building Official or as Building Inspector; and
(4)
For the purposes of an inspection under the Act, an inspector may
require any of the documents, reports, plans or information set out
is Section 18 (1) of the Act.
13.
REVISIONS TO PERMIT
After the issuance of a Permit pursuant to this By-law, notice of any
material change to a plan, specification, document of other information
forming the basis on which the Permit was issued must be given in writing
to the Chief Building Official together with the details of such change and
no change or alteration to the construction or demolition, as the case may
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be, may be made without the express written authorization of the Chief
Building Official approving such alteration or change.
14.
REFUND OF FEES
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 for which a
Permit has been issued pursuant to this By-law, the Chief Building Official
shall determine the amount of paid Permit fees that may be refunded to
the Applicant, if any, in accordance with Schedule "C" attached to and
forming part of this By-law. the fees and charges schedule of the
Municipality in effect at the time of the Application.
Removed by By-law 2817-2011
15.
NOTICE REQUIREMENTS
(1)
The owner or the owner's authorized agent shall notify the Chief
Building Official or Building Inspector at least two (2) business days
in advance of the commencement of each stage of construction as
set out in section 2.4.5.1 (1) of the Building Code
(2)
The notification required above is not effective until the notification,
either oral or written, has been actually received by the Chief
Building Official or by a building inspector.
16.
OWNER'S RESPONSIBILITY
Neither the granting of a permit nor the review of the drawings and
specifications nor inspections made by the building inspector or the Chief
Building Official shall in any event relieve the Owner of such building or
the Owner's agent from full responsibility for carrying out the construction
or demolition, or having the construction or demolition carried out, in
accordance with the requirements of the By-law and the Application for
which the Permit was issued and the Act.
17.
AS-BUILT PLANS
Where required by the Building Inspector or Chief Building Official, a set of
plans for the building as constructed and completed shall be submitted to
the Building Inspector or Chief Building Official upon completion of the
construction of the building or buildings for which the permit was issued.
18.
PRESCRIBED FORMS
The Chief Building Official may prescribe such forms as he considers
appropriate for use as Applications for Permits and for Orders to be issued
pursuant to the provisions of the Act, the Building code or this By-law.
19.
ADMINISTRATION
Duties of the Building Inspector
(1)
A Building Inspector shall:
(a)
administer and enforce the provisions of this By-law and the Act;
(b)
keep proper records of all applications received, permits and orders
issued, inspections and tests made and shall retain copies of all
papers and documents connected with the administration of this
By-law which forms part of the public record; and
(c)
prescribe forms respecting permits and applications for permits and
provide for their use.
(2)
Inspection
A Building Inspector or Chief Building Official for the purposes of
inspecting a building or site in respect of which a permit has been
11
issued or an application for a permit has been made, may enter in
or upon any land or premises at any reasonable time without a
warrant pursuant to the provisions of Section 12 of the Act.
20.
GENERAL
In this By-law:
(1)
If any section, clause or provision of this By-law including anything
contained in Schedules "A","B", "C", "D", "E", "F", "G", "H", "I",
"J", "K" and "L" attached hereto is for any reason 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 section, clause or provision so declared to be invalid
and it is hereby declared to be the intention of Council for the
Corporation that all remaining sections, clauses or provisions of this
By-law shall remain in full force and effect until repealed not
withstanding that one or more provisions thereof shall have been
declared invalid.
Removed by By-law 2817-2011 and By-law 2917-2011
(2)
The headings in this By-law are for ease of reference only and shall
not be read or construed so as to abridge or modify the meaning of
any provision of the main text of this Agreement.
21.
OFFENCE:
Any person who contravenes any provision of this By-law shall upon
conviction be liable to such penalty as is provided for pursuant to the
provisions of the Building Code Act, S.O., 1992, c.23 as it may be
amended from time to time.
22.
This By-law shall be construed as being in addition to the provisions of the
other applicable By-laws of the Corporation and in the case of any conflict
between this By-law and any other By-law of the Corporation, the most
restrictive By-law provision shall apply.
23.
The provisions of the Act providing for penalties for violations of the Act
shall also apply to violations of this By-law.
24.
THAT the following Building By-laws are hereby rescinded:
By-law No. 449-2000
By-law No. 753-2001
By-law No. 950-2002
By-law No. 957-2002
Read a first, second and third time and finally passed this 27th day of June, 2005
________________________ _________________________
CLERK
MAYOR
Victoria Leskie
Leo P. Finnegan
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SCHEDULE "A" to By-law No. 1538 -2005
FEES PAYABLE FOR BUILDING PERMITS
Amended by By-law 2817-2011 to remove Schedule 'A'from this By-
law
ITEM
BUILDING TYPE
FEE PAYABLE
1.*
Assembly Occupancies
$100.00 plus $10.00 for
each square metre of floor
area or part thereof,
Renovation to existing
$100.00 + $4.00/sq m
2.*
Institutional Occupancies
$100.00 plus $10.00 for
each square metre of floor
area or part thereof,
Renovation to existing
$100.00 + $4.00/sq m
3.*
Residential Occupancies
-apartment buildings
-detached, semi-detached and
townhouse dwellings and other
residential occupancies
$100.00 plus $7.50 for
each square metre of floor
area or part thereof,
$100.00 plus $8.00 for
each square metre of floor
area or part thereof,
-renovation to existing or
basement finish $100.00
minimum + $4.00/sq m
4.*
Business & Personal Service
Occupancies
-single Storey business plazas
-multi-storey office buildings
-other business and personal service
occupancies
$100.00 plus $9.00 for
each square metre of
floor area of part
thereof,
$100.00 plus $8.00 for
each square metre of floor
area of part thereof,
$100.00 plus $8.00 for
each square metre of floor
area or part thereof,
-renovations to existing
$100.00 + $4.00/sq m
5.*
Mercantile Occupancies
-single storey buildings
-multi-storey buildings
$100.00 plus $8.00 for
each square metre of
floor area or part
thereof,
$100.00 plus $7.00 for
each square metre of floor
area or part thereof,
6.
Industrial Occupancies
-farm building unserviced storage
buildings
-other industrial buildings
$100.00 plus $2.00 for
each square metre of
floor area of part
thereof,
$100.00 plus $4.50 for
each square metre of floor
area or part thereof,
7.
Parking Garages, Boat Houses,
Unfinished Basements and Service
Floors In Any Building
-new structures
-repairs
$100.00 plus $4.00 for
each square metre of
floor area of part
thereof,
$100.00 plus $1.00 for
each square metre of floor
area or part thereof
8.
Work Order Searches
$55.00
9.
Minor Residential Structures,
Alterations and Plumbing Only
Including:
$100.00
13
-decks, gazebos (each)
-fireplace, wood stove (each)
-storage shed ( each 50 sq. metres)
- replacement of three plumbing
fixtures or less, excluding hot water
tanks
$30.00
10.
Minor Non-Residential Structures,
Including:
-school portables (each)
-temporary pre-fabricated trailers
(each)
-other similar minor stand alone
structures associated with a non-
residential use (max 50/sq metres)
$200.00
14
11.
Tents and Air Supported
Structures
-temporary tents 60m2 - 225m2
-temporary tents exceeding 225m2
-Air supported structures
$100.00
$200.00
$100 plus $4.50 for each
sq metre of floor area or
part thereof.
Note: Temporary tents
and air supported
structures exceeding
225m2 require certification
by a professional engineer.
12.
Sewage System
-new installation
-severance inspection
-inspection fees for an existing
system
-site servicing
$300.00
$100.00
$150.00
$100.00 + $5.00 per
linear metre
13.
Structural Sign
$100.00
14.
Alterations to existing buildings
(not provided for in item 1 to 10 )
$10.00 for each $1,000.00
construction value or part
thereof, minimum $100.00
15.
Change of use
$200.00
16.
Pool Enclosure Permit
$100.00
17.
Conditional Building Permit
(Requires minimum 10% of
construction value, letter of credit)
$100.00 + 10% of total
permit fee
18.
Demolition Permits
$100.00 flat fee
19.
Administration Fee
$100.00 minimum to a
maximum of $1,000.00
based on 50% of the
applicable fee be applied
in addition to the permit
fee for any project starting
without a permit.
20.
Equivalency Permit
$100.00 + $75.00/hour
administration fee +
associated costs for
external reviews and/or
approvals
21.
Revisions to existing permits
$100.00 + $75.00/hour
administration fee +
associated costs for
external revisions and/or
approvals.
22.
Refunds
Refunds will only be
processed on the following
basis maximum 50% if
permit has been reviewed
and is ready for issue or is
issued, maximum 75% if
architectural plans review
has not commenced or
been completed. No
refund less than $200.00
will be issued.
23.
Specialized unit costs (material
alterations or additions)
Any building permit not
otherwise listed will be
assessed at 1% of the
project's construction
value. Construction
values submitted are at
the discretion of the Chief
Building Official
* The above so noted schedules include all mechanical H.V.A.C and plumbing
services (kitchen exhaust systems excepted).
15
COUNTY OF PRINCE EDWARD
BUILDING PERMIT FEE SCHEDULE 'B'
to By-law No. 1538-2005
Amended by By-law 2817-2011 to remove Schedule 'B' from this By-
law
Administration Fees
1.
Compliance Letter
$55.00 flat fee.
2.
Document reproduction and additional plans of documents required to
process a permit application - Added to permit Fee
Over five pages $ .10 per page.
3.
Overtime Services / Special Inspections
$40.00/hour - Four hour minimum on
weekends.
4.
Revisions to an application or an issued permit.
$50.00 administration plus applicable
rate as per
Schedule 'A'
5.
Transfer of permit to new owner.
$50.00 Flat fee.
6.
Drawing review fee for I/C/I and large projects requiring outside review.
The corporation will require a deposit of $5000.00 to cover the cost of
the review. Any unused portion of the deposit will be returned to the
applicant when the permit is issued.
16
COUNTY OF PRINCE EDWARD
BUILDING PERMIT FEE SCHEDULE 'C'
to By-law No. 1538-2005
Amended by By-law 2817-2011 to remove Schedule 'C' from this By-
law
Refund of Fees
Status of Permit Application
Fees Eligible for
Refund
1.
Application filed then withdrawn -
no processing or review of plans
reviewed
All fees refunded save and except
for administration fee of $100.00
2.
Application filed - plans reviewed
and permits issued and then
withdrawn
60% of fees submitted with
application or at the time of
permit being issued
3.
Additional deduction for each field
inspection performed
$100.00 per inspection
4.
Permits valued at $100.00 or less
No refund
17
SCHEDULE "D" to By-law 1538-2005
Application for a Permit to Construct or Demolish
This form is authorized under the Building Code Sentence 2.4.1.1A.(2).
For use by Principal Authority
Application number:
Permit number (if different):
Date received:
Roll number:
Application submitted to: Corporation of the County of Prince Edward .
(Name of municipality, upper-tier municipality, board of health or conservation authority)
Project information
Building number, street name
Unit number
Lot/con.
Municipality
Postal code
Plan number/other description
Project value est. $
Area of work (m2)
Applicant Applicant is:
Owner or
Authorized agent of owner
Last name
First name
Corporation or partnership
Street address
Unit number
Lot/con.
Municipality
Postal code
Province
E-mail
Telephone number
( )
Fax
( )
Cell number
( )
Owner (if different from applicant)
Last name
First name
Corporation or partnership
Street address
Unit number
Lot/con.
Municipality
Postal code
Province
E-mail
Telephone number
( )
Fax
( )
Cell number
( )
Builder (optional)
Last name
First name
Corporation or partnership (if applicable)
Street address
Unit number
Lot/con.
Municipality
Postal code
Province
E-mail
Telephone number
( )
Fax
( )
Cell number
( )
Purpose of application
New construction
Addition to an
existing building
Alteration/repair
Demolition
Conditional
Permit
Proposed use of building
Current use of building
Description of proposed work
Tarion Warranty Corporation (Ontario New Home Warranty Program)
i. Is proposed construction for a new home as defined in the Ontario New Home Warranties Plan
Act? If no, go to section G.
Yes
No
ii. Is registration required under the Ontario New Home Warranties Plan Act?
Yes
No
iii. If yes to (ii) provide registration number(s): ____________________________________
Attachments
i.
Attach documents establishing compliance with applicable law as set out in Article 1.1.3.3.
ii.
Attach Schedule 1 for each individual who reviews and takes responsibility for design activities.
iii. Attach Schedule 2 where application is to construct on-site, install or repair a sewage system.
iv. Attach types and quantities of plans and specifications for the proposed construction or demolition that are prescribed by the
by-law, resolution, or regulation of the municipality, upper-tier municipality, board of health or conservation authority to which
this application is made.
Declaration of applicant
I __________________________________________________________________________________________certify that:
(print name)
1.
The information contained in this application, attached schedules, attached plans and specifications, and other attached
documentation is true to the best of my knowledge.
2.
I have authority to bind the corporation or partnership (if applicable).
___________________________ _________________________________________________________________
Date Signature of applicant
18
Schedule 1: Designer Information
Use one form for each individual who reviews and takes responsibility for design activities with respect to the project.
Project Information
Building number, street name
Unit no.
Lot/con.
Municipality
Postal code
Plan number/ other description
Individual who reviews and takes responsibility for design activities
Name
Firm
Street address
Unit no.
Lot/con.
Municipality
Postal code
Province
E-mail
Telephone number
( )
Fax number
( )
Cell number
( )
Design activities undertaken by individual identified in Section B. [Building Code Table 2.20.2.1]
House
Small Buildings
Large Buildings
Complex Buildings
HVAC - House
Building Services
Detection, Lighting and Power
Fire Protection
Building Structural
Plumbing - House
Plumbing - All Buildings
On-site Sewage Systems
Description of designer's work
Declaration of Designer
I ___________________________________________________________________ declare that (choose one as appropriate):
(print name)
I review and take responsibility for the design work on behalf of a firm registered under subsection 2.17.4. of the
Building Code. I am qualified, and the firm is registered, in the appropriate classes/categories.
Individual BCIN: _________________________________
Firm BCIN: _________________________________
I review and take responsibility for the design work and am qualified in the appropriate category as an "other
designer" under subsection 2.17.5. of the Building Code.
Individual BCIN: _________________________________
Basis for exemption from registration: ___________________________________
The design work is exempt from the registration and qualification requirements of the Building Code.
Basis for exemption from registration and qualification:__________________________________________
I certify that:
1.
The information contained in this schedule is true to the best of my knowledge.
2.
I have authority to bind the corporation or partnership (if applicable).
___________________________ _________________________________________________________________
Date Signature of Designer
For the purposes of this form, "individual" means the "person" referred to in Clause 2.17.4.7.(1)(d), Article 2.17.5.1. and all other persons who are
exempt from qualification under Subsections 2.17.4. and 2.17.5.
NOTE:
1.
Firm and Individual BCIN numbers are not required for building permit applications submitted prior to January 1, 2006
2.
Schedule 1 does not need to be completed by architects, or holders of a Certificate of Practice or a Temporary License under the Architects
Act.
Schedule 2: Sewage System Installer Information
19
Project Information
Building number, street name
Unit number
Lot/con.
Municipality
Postal code
Plan number/ other description
Sewage system installer
Is the installer of the sewage system engaged in the business of constructing on-site, installing, repairing, servicing, cleaning or
emptying sewage systems, in accordance with Building Code Article 2.18.1.1?
Yes (Continue to Section C)
No (Continue to Section E)
Installer unknown at time of
application (Continue to Section E)
Registered installer information (where answer to B is "Yes")
Name
BCIN
Street address
Unit number
Lot/con.
Municipality
Postal code
Province
E-mail
Telephone number
( )
Fax
( )
Cell number
( )
Qualified supervisor information (where answer to section B is "Yes")
Name of qualified supervisor(s)
Building Code Identification Number (BCIN)
Declaration of Applicant:
I _______________________________________________________________________________________declare that:
(print name)
I am the applicant for the permit to construct the sewage system. If the installer is unknown at time of application, I shall
submit a new Schedule 2 prior to construction when the installer is known;
OR
I am the holder of the permit to construct the sewage system, and am submitting a new Schedule 2 now that the installer is
known.
I certify that:
1.
The information contained in this schedule is true to the best of my knowledge.
2.
I have authority to bind the corporation or partnership (if applicable).
___________________________ _________________________________________________________________
Date Signature of applicant
20
Schedule 3: Applicable Law
A) Project Information
Name of Permit Applicant
Full Address of Project
Building Number
Street Name
Unit Number
Lot/Conc.
Municipality
Plan Number
Lot/Parcel Number
List attached documents that establish compliance with applicable law - [OBC Sentence 1.1.3.3(1)]
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21
SCHEDULE "E" to By-law No. 1538-2005
ORDER TO COMPLY
Pursuant to Subsection 12(2) of the Building Code Act, 1992, as amended
Permit No.
Date of Inspection:
Date Order Issued:
Order Issued to (name and address)
Relationship to Owner
1.
2.
3.
4.
Given to:
Relationship to Company/Property
Or Posted on Site [ ]
Or Other [ ] (please specify)
The inspection on or about (date) at the above- referenced address found the
following contravention(s) of the Building code or the Building Code Act, 1992.
You are hereby ordered to correct the contraventions itemized below immediately, by the dates listed
below, or by (date).
ITEM
REFERENCE
DESCRIPTION AND
LOCATION
REQUIRED ACTION AND COMPLIANCE
DATE
Order issued by:
Name
BCIN
Signature
Telephone No.
Note:
It is illegal to obstruct the visibility of a posted Order. It is also illegal to remove a posted Order unless authorized by an
inspector or Registered Code Agency. [Building Code Act, 1992, s. 20]
An Order may be appealed to the Superior Court of Justice. [Building Code Act, 1992, s. 25]. It may also be appealed to
the Building Code Commission concerning the sufficiency of compliance with the technical requirements of the Building
Code. [Building Code Act, 1992, s. 24]
Failure to comply with this Order could result in a Stop Work Order. [Building Code Act, 1992, s. 14]
Failure to comply with an Order is an offence which could result in a fine. [Building Code Act, 1992, s. 36]
No construction affected by this Order is to be covered until inspected and approved. [Building Code Act, 1992, s. 13]
Date of Compliance:
This form is authorized by the Minister of Municipal Affairs and Housing under the Building Code (O.Reg 403/97)
22
SCHEDULE "F" to By-law No. 1538-2005
ORDER NOT TO COVER OR ENCLOSE
Pursuant to Subsection 13(1) of the Building Code Act, 1992, as amended
Permit No.
Date of Inspection:
Date Order Issued:
Address to which Order Applies:
Order Issued to (name and address)
Relationship to Owner
1.
2.
3.
4.
Given to:
Relationship to Company/Property
Or Posted on Site [ ]
Or Other [ ] (please specify)
The above referenced building was inspected on or about (date).
You are hereby prohibited from covering or enclosing the parts of the building described below, pending
an inspection. Please arrange for an inspection when the part of the building identified below is ready for
inspection.
ITEM
DESCRIPTION OF AREA NOT TO COVER OR ENCLOSE
Order issued by:
Name
BCIN
Signature
Telephone No.
Note:
It is illegal to obstruct the visibility of a posted Order. It is also illegal to remove a posted Order unless authorized by an
inspector or Registered Code Agency. [Building Code Act, 1992, s. 20]
An Order may be appealed to the Superior Court of Justice. [Building Code Act, 1992, s. 25]. It may also be appealed to
the Building Code Commission concerning the sufficiency of compliance with the technical requirements of the Building
Code. [Building Code Act, 1992, s. 24]
Failure to comply with this Order could result in an Order to Uncover and/or a Stop Work Order. [Building Code Act,
1992, s.14]
Failure to comply with an Order is an offence which could result in a fine. [Building Code Act, 1992, s. 36]
Date of Compliance:
This form is authorized by the Minister of Municipal Affairs and Housing under the Building Code (O.Reg 403/97)
23
SCHEDULE "G" to By-law No. 1538-2005
ORDER REQUIRING TESTS AND SAMPLES
Pursuant to Subsection 18(1)(f) of the Building Code Act, 1992, as amended
Permit No.
Date of Inspection:
Date Order Issued:
Address to which Order Applies:
Order Issued to (name and address)
Relationship to Owner
1.
2.
3.
4.
Given to:
Relationship to Company/Property
Or Posted on Site [ ]
Or Other [ ] (please specify)
Description of required tests and samples
The inspection on or about (date) at the above- referenced address found the
need for the following tests and samples.
You are hereby ordered at your expense to take and supply to the undersigned the tests and samples
described below by (date).
ITEM
REFERENCE
TEST AND SAMPLE REQUIRED
Order issued by:
Name
BCIN
Signature
Telephone No.
Note:
It is illegal to obstruct the visibility of a posted Order. It is also illegal to remove a posted Order unless authorized by an
inspector or Registered Code Agency. [Building Code Act, 1992, s. 20]
An Order may be appealed to the Superior Court of Justice. [Building Code Act, 1992, s. 25]. It may also be appealed to
the Building Code Commission concerning the sufficiency of compliance with the technical requirements of the Building
Code. [Building Code Act, 1992, s. 24]
Failure to comply with an Order is an offence which could result in a fine. [Building Code Act, 1992, s. 36]
Date of Compliance:
This form is authorized by the Minister of Municipal Affairs and Housing under the Building Code (O.Reg 403/97)
24
SCHEDULE "H" to By-law No. 1538-2005
ORDER TO UNCOVER
Pursuant to Subsection 13(6) of the Building Code Act, 1992, as amended
Permit No.
Date of Inspection:
Date Order Issued:
Address to which Order Applies:
Order Issued to (name and address)
Relationship to Owner
1.
2.
3.
4.
Given to:
Relationship to Company/Property
Or Posted on Site [ ]
Or Other [ ] (please specify)
The inspection on or about (date) at the above- referenced address found the
following contravention(s) of the Building code or the Building Code Act, 1992 or the Building Code.
The part was covered or enclosed contrary to an Order Not to Cover number ,
dated ;
The notice was not given in the time prescribed by local by-law or regulation made under clause 7.(e)
of the Building Code Act, 1992;
A reasonable time was not allowed after the notice was given for an inspection to be carried out; or
The part has been constructed without a permit being issued.
You are hereby ordered to uncover, or have uncovered, at your own expense, and make available for
inspection the parts of the building described below immediately, or by
(date).
Description of Area to Uncover:
Order issued by:
Name
BCIN
Signature
Telephone No.
Contact Name (optional)
Contact Telephone No. (optional)
Note:
It is illegal to obstruct the visibility of a posted Order. It is also illegal to remove a posted Order unless authorized by an
inspector or Registered Code Agency. [Building Code Act, 1992, s. 20]
An Order may be appealed to the Superior Court of Justice. [Building Code Act, 1992, s. 25]. It may also be appealed to
the Building Code Commission concerning the sufficiency of compliance with the technical requirements of the Building
Code. [Building Code Act, 1992, s. 24]
Failure to comply with this Order could result in a Stop Work Order. [Building Code Act, 1992, s. 14]
Failure to comply with an Order is an offence which could result in a fine. [Building Code Act, 1992, s. 36]
Date of Compliance:
This form is authorized by the Minister of Municipal Affairs and Housing under the Building Code (O.Reg 403/97)
SCHEDULE "I" to By-law No. 1538-2005
25
STOP WORK ORDER
Pursuant to Subsection 14(1) of the Building Code Act, 1992, as amended
Permit No.
Date of Inspection:
Date Order Issued:
Address to which Order Applies:
Order Issued to (name and address)
Relationship to Owner
1.
2.
3.
4.
Given to:
Relationship to Company/Property
Or Posted on Site [ ]
Or Other [ ] (please specify)
The inspection on or about (date) at the above- referenced address found the
following contravention(s) of the Building code or the Building Code Act, 1992 have not been rectified as
required by the Order(s) indicated below:
Order to Comply number , dated .
Order Not to Cover number , dated .
Order to Uncover number , dated .
You are hereby ordered to immediately cease construction and/or demolition as specified below:
ITEM
DETAILS
Order issued by:
Name
BCIN
Signature
Telephone No.
Note:
It is illegal to obstruct the visibility of a posted Order. It is also illegal to remove a posted Order unless authorized by an
inspector or Registered Code Agency. [Building Code Act, 1992, s. 20]
An Order may be appealed to the Superior Court of Justice. [Building Code Act, 1992, s. 25]. It may also be appealed to
the Building Code Commission concerning the sufficiency of compliance with the technical requirements of the Building
Code. [Building Code Act, 1992, s. 24]
Failure to comply with an Order is an offence which could result in a fine. [Building Code Act, 1992, s. 36]
When a Stop Work Order is issued, no person shall perform any act in the construction or demolition of the building in
respect of which the Order is made other than work necessary to carry out an Order to Comply, the Order Not to Cover,
or an Order to Uncover. [Building Code Act, 1992, s. 14]
Date of Compliance:
This form is authorized by the Minister of Municipal Affairs and Housing under the Building Code (O.Reg 403/97)
26
SCHEDULE "J" to By-law No. 1538-2005
Amended by By-law 2912-2011 to remove Schedule 'J' from this By-law
CERTIFICATE OF APOINTMENT
Certificate of appointment by the Municipality of Prince Edward County
Chief Building official
-
Garry Davis
Deputy Chief Building Official
-
Andy Harrison
Building Inspector
-
Chris Carroll
Building Inspector
-
Barry Brown
Building Inspector
-
Mike Kelly
Building Inspector
-
David May
27
SCHEDULE "K" to By-law No. 1538-2005
Amended by By-law 4162-2018, on February 13, 2018
CODE OF CONDUCT
The Code of Conduct for the purpose of the Building By-law shall be the HR140
Employee Code of Conduct for the County of Prince Edward Employees, Document
CP-159-2003.
The Code of Conduct for the Chief Building Official and inspectors appointed
under the Building Code Act shall be Policy HR 131, adopted by By-law 4162-
2018 as follows:
1.
PRINCIPLE
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. The purpose of this Code is to promote appropriate
standards of behaviour and enforcement actions to ensure Building
Officials apply standards of honesty and integrity, and to prevent
practices constituting an abuse of power including unethical or illegal
practices.
2.
DEFINITIONS
"Building Officials" - means the Chief Building Official and Inspectors
appointed by By-law 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.
3.
PURPOSE
The purpose of this Code is to promote appropriate standards of
behaviour and enforcement actions to ensure Building Officials apply
standards of honesty and integrity, and to prevent practices constituting
an abuse of power including unethical or illegal practices.
4.
STANDARDS OF CONDUCT
Building Officials undertake to:
1. Always act in the public interest, particularly with regard to the safety
of building works and structures.
2. Not to 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.
3. Apply all relevant building by-laws, codes and standards appropriately
and without favour.
4. Perform their inspections and plan examination duties impartially and in
accordance with accepted professional standards.
5. At all times abide by the highest moral and ethical standards and
avoiding conduct, which could bring or tend to bring Building Officials
into disrepute.
6. Comply with all provisions of the Building Code Act, the Ontario Building
Code and other acts or laws, which regulate or govern Building Officials
or their functions.
7. Not to act beyond their personal level of competence or outside their
area of expertise.
28
8. Maintain current accreditation to act as an Ontario Building Official.
9. Maintain their knowledge and understanding of the best current
building practices, the building laws and Codes relevant to their duties.
10. Extend professional courtesy to all.
11. To abide by any code of conduct applicable to all County employees.
5.
BREACH OF THE CODE OF CONDUCT
The Ontario Building Code Act provides that the performance of Building
Officials will be measured against this Code of Conduct. Contradictions of this
Code of Conduct are a serious matter and will be dealt with as such in an
expeditious and fair manner. The Chief Building Official will review all
allegations made against Inspectors and the Director of Development Services
will review all allegations made against the Chief Building Official. All
complaints concerning an alleged breach of this Code of Conduct shall be
submitted in writing to the Chief Building Official or the Director of
Development Services as appropriate.
If a complaint is substantiated, the Chief Building Official in the case of
complaints against Inspectors, or the Director of Development Services in the
case of a complaint against the Chief Building Official, will determine the
corrective action and/ or disciplinary action arising from violation(s) of this
Code of Conduct.
Any action taken as a result of a confirmed breach of this Code will be based
on the severity and/ or frequency of the violation in accordance with relevant
employment standards or collective agreements and may include, but is not
limited to the following:
i)
an apology;
ii)
counselling;
iii)
education and training;
iv)
warning;
v)
suspension/ leave without pay;
vi)
demotion;
vii)
transfer;
viii)
dismissal.
29
SCHEDULE "L" to By-law No. 1538-2005
Sewage System Permit Application
Plan View Lot Diagram: Must be to scale and show the following information accurately:
An overhead view of the property showing lot size and dimensions as well as locations of property
boundaries, existing or proposed buildings, wells, driveways, roadways, existing sanitary sewage
systems.
Other topographical information such as the location of nearby streams, rivers, lakes, wetlands,
and steep embankments.
Location of the proposed sanitary sewage system components on the property, clearance distance
between any existing or proposed structures, wells, streets, streams, rivers, lakes, etc., and the
proposed sewage system must be shown as well.
Sewage System Cross Section: Showing the following information
The design of the sanitary sewage system including the dimensions and elevations in relation to
existing grade.
The depth to bedrock and/or water table.
Absorption trench dimensions and description of trench backfill materials to be used.
Mantle soil/fill properties.
12. Conditions of Approval
13. Permit Approval:
Pursuant to Part 8 of the Ontario Building Code, authorization is hereby granted for the construction,
installation, alteration, or enlargement of a Class
sewage system located at the property
described herein. The proposed work must be completed in accordance with the specifications, drawings
and conditions of approval described herein, and be in compliance with the provisions of the Building
Code.
Approved by Inspector:
Date:
White Copy - County of Prince Edward
Yellow Copy - Owner
Pink Copy - Inspection Copy