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THE CORPORATION OF THE TOWNSHIP OF PUSLINCH
BY.LAW NUMBER 057.2018
A by-law respecting Building, Demolition, Conditional,
Change of Use and Occupancy Permits, Payment of Fees,
lnspections, Appointment of lnspectors and Code of
Conduct which repeals By-law number 42105, as amended
WHEREAS Section 7.(1) of the Building Code Act 1992, S.O. 1992, c.23, as amended
empowers Council to pass certain by-laws respecting Building, Demolition and Change
of Use Permit, lnspections and Fencing;
AND WHEREAS Subsection 3.(2) of the Building Code Act, S.O. 1992 c.23, as
amended, requires Council to appoint a Chief Building Official and lnspectors for the
enforcement of the Building Code Act;
AND WHEREAS Subsection 7.1(1) of the Building Code Act, S.O. 1992, c.23, as
amended, requires Council to establish and enforce a Code of Conduct for Chief
Building Official and lnspectors;
AND WHEREAS Subsection 35(1) of the Building Code Act, S.O. 1992, c.23, as
amended provides that the Act and Building Code supersede all municipal by-laws
respecting the construction or demolition of buildings:
NOW THEREFORE, the Council of the Corporation of the Township of Puslinch enacts
as follows:
1.
Short Title
This By-law may be cited as the "Building By-law".
Definitions
2.1. ln this By-law,
Act means the Buitding Code Act, S.O. 1992, c.23, as amended
Agent includes a person representing the owner by designation or contract and
ináudes a hired tradesman and contractor who may be granted permits for
work within the limitations of his licence.
Applicable Law means applicable law as defined in the Building Code
Applicant means the Owner of a property or Building who applies for a Permit
or any person authorized by the Owner to apply for a Permit on the Owner's
behalf, as defined in Division C, Article 1.3.1.2. of the Building Gode
Application shall mean an Application to obtain permission to complete work
under this By-law.
Architect means an Architect as defined in Division A, Article 1.4.1.2. of the
Building Gode.
Building means a Building as defined in Subsection 1.(1) of the Act.
As Gonstructed Plans means As Constructed Plans as defined in Division A,
Article 1.4.1.2. of the Building Gode.
Building Gode means the regulations made under Subsection 34.(1) of the Act.
Change of Use means a Change of Use as referenced in Subsection 10.(1) of
the Act.
2
3
Chief Building Official or G.B.O. means the Chief Building Official or his or her
designate, appointed by a by-law of the Township, as described in subsection
1.(1) of the Act for the purpose of enforcement of the Act.
Code of Conduct shall have the same meaning ascribed thereto in Section 7.1 of
the Act.
Council means the Council of the Corporation of the Township of Puslinch.
Gonstruct means Construct as defined in Subsection 1.(1) of the Act and
Construction shall have the same meaning.
Demolish means Demolish as defined in Subsection 1.(1) of the Act and
demolition shall have the same meaning.
Designated Structure means structures designated for the purposes of clause
(d) of the definition of Building in Subsection 1.(1) of the Act.
Designer means a person responsible for the design activities described in
15.11. (5) of the Act.
Engineer means a Professional Engineer as defined in Division A, Article
1.4.1.2. of the Building Gode.
Farm Building means a Farm Building as defined in Division A, Article 1.4.1.2. of
the Building Gode.
lnspector means an inspector, appointed by a by-law of the Township, as
described in subsection 1.(1) of the Act for the purpose of enforcement of the
Act.
Owner means an Owner as defined in Division C, Sentence 1.3.1 2.(3) of the
Building Gode.
Permit means written permission from the Ghief Building Official to perform
work regulated by this By-law and the Act, or to change the use of a building or
part thereof, or to occupy a building or a part thereof, as regulated by this By-
law, the Act and/or the Building Code.
Plumbing means Plumbing as defined in Subsection 1.(1) of the Act.
Sewage System means a Sewage System as defined in Division A, Article
1.4.1.2. of the Building Gode.
Township means the Corporation of the Township of Puslinch or the land
within the geographic limits of the Corporation of the Township of Puslinch
as the context requires.
2.2. Any word or term not defined in this By-Law shall have the meaning
ascribed to it in the Act or the Building code. Any word or term not
defined in this By-law, the Act or the Building Code, shatl have a meaning
commonly assigned to it in the context in which it is used.
Classes of Permits
3.1. The classes of permits with respect to the construction, demolition,
occupancy, transfer, mechanical, plumbing, sewage systems, change
of use including permit fees shall be set out in the Township's User Fees
and Charges By-Law, as amended from time to time.
3.2. Building Permit
A building permit is required under Subsection 8.(1) of the Act and may
include plumbing, heating, ventilation and air conditioning systems,
sewage systems, farm buildings and designated structures as set out
in Div A, Sentence 1.3.1 1 (1) of the Building Code.
3.3. Demolition Permit
A demolition permit is required under Subsection 8-(1) of the Act.
3.4. Conditional Permit
A conditional permit may be issued in the discretion of the Ghief Building
Official to authorize any stage of construction as per subsection 8.(3) of
the Act, even though all of the requirements under subsection 8(2) of the
Act have not been met. The registered owner shall enter into an
agreement with the Township prior to a conditional permit being issued by
the Chief Building Official as described in 8.(3)(c) of the Act.
3.5. Change of Use Permit
A change of use permit is required under Subsection 10.(1) of the Act
when a change of use is undertaken in a Building or part of a building,
and it will result in an increase in hazard as determined under the
Building Code even though no construction is proposed.
3.6. Occupancy Permit
An occupancy permit is required under Division C, Subsection 1.3.3. of
the Building Gode where all or part of a building will be occupied.
4. Administrative Procedures Related to Permits
4.1. Revisions to Permits
After the issuance of a permit under the Act, notice of any material change
to a plan, specifications, documents or other information on the basis of
which the permit was issued, must be provided by the Applicant in writing
to the Ghief Building Official together with the details of such change.
The change shall not be made without written authorization by the Chief
Building Official as required under Subsection 8.(12) of the Act. An
applicable fee for this revision will be stipulated in the Township's User
Fees and Charges By-Law, as amended from time to time.
4.2. Transfer of Permit Applications and Permits
Where the ownership of land changes after a Permit Application has
been submitted and fees paid or where a Permit has been issued, the
Applicant for the Permit or the person to whom the Permit was issued,
may submit a request to the Chief Building Official requesting a transfer
of Permit Application and fees or the Permit as identified in Clause
7.(1Xh) of the Act by submitting the following information:
(a) the name and address of the person to whom the Permit
Application and fees or the Permit are to be transferred;
(b) the name and address of any contractors that have changed from
those listed on the Permit Application or the Permit;
(c) the name and address of the Architect(s) and Professional
Engineer(s) responsible for the design and field review of the
Gonstruction that have changed from those listed on the Permit
Application or the Permit; and,
(d) name and address of the person who paid the Permit fees.
4.3. Revocation of Permits
The Ghief Building Official, subject to provisions outlined in Subsection
8.(10) of the Act, has the authority to revoke a Permit issued under the
Act.
5. Requirements for Applications
5.1. Building, Demolition, Conditional and Change of Use Permits
Where an Application is made for a Building or Demolition Permit
under Subsection 8.(1) of the Act, a Conditional Permit under Subsection
8.(3) of the Act, or a Ghange of Use Permit under Subsection 10.(1) of
the Act, the Application shall comply with Division C, Sentence
1.3.1.3.(5) of the Building Code and be complete with documents and
other information as required in this By-law.
5.2. Prescribing Forms
5.3
5.4
The forms required for an Application for a Permit, unless othenryise
specified by the Chief Building Official, shall be those forms as set out in
Schedule "A" of this By-law.
Plans and Specifications
Sufficient information shall be submitted with each Application for Permit
to enable the Chief Building Official to determine whether or not the
proposed Construction, Demolition or Ghange of Use will conform with
the Act, the Building Gode and any other Applicable Law.
Each Application shall, unless othenruise specified by the Ghief Building
Official, be accompanied by two complete sets of working drawings and
information as set out in Schedule "A" of this By-law.
Alternative Solutions
Where a person proposes the use of an Alternative Solution as defined in
Division A, Article 1.4.1.2. of the Building Gode, the proposal shall:
a) lnclude all documentation requirements as set out in Division C,
Subsection 2.1.1 . of the Building Code, and
b) be submitted on the Application form as set out in Schedule "A" of
this By-law.
5.5. Inactive Permit Applications
Where an Application for Permit remains inactive for six months after it is
submitted, the Application may be deemed by the Chief Building
Official to have been abandoned and notice thereof shall be given to the
Applicant. Once an Application is deemed to be abandoned, it may be
cancelled and a new Application will be required for the proposed work.
6. Payment of Fees
6.1. Fees for a required Permit shall be as set out in the Township's User
Fees and Charges By-Law, as amended from time to time, and are due
and payable upon submission of an Application for Permit.
6.2. The Chief Building Official has authority to determine fees in keeping with
the scale of established fees for classes of permits not described in the
Township's User Fees and Charges By-law.
6.3. An administration fee, where the occupancy of a Building, or part of it,
has occurred without an occupancy permit being issued as required by
Division C, Articles 1.3.3.1 ., 1.3.3.4., 1.3.3.5. of the Building Code, shall
be as set out in the Township's User Fees and Charges By-Law, as
amended from time to time, and is due and payable by the Applicant
upon issuance of the occupancy permit. This administration fee is to
compensate the Township for additional work incurred due to the
unauthorized occupancy of the building.
6.4. An administration fee, where more than one stage inspection is required
for a Building, or part of it, shall be as set out in the Township's User
Fees and Charges By-Law, as amended from time to time, and is due and
payable upon issuance of each additional inspection. This administration
fee is to compensate the Township for when an inspection is requested
and performed in connection with an existing permit and the work is not
substantially complete or is substantially deficient in the opinion of the
Ghief Building Official.
6.5. An administration fee, where any person has commenced Construction
or Demolition, or has caused the Change of Use of a Building prior to
receiving a Permit, shall be as set out in Township's User Fees and
Charges By-Law, as amended from time to time, and is due and payable
by the Permit Applicant prior to the issuance of the Permit. This
administration fee is to compensate the Township for the additional work
incurred due to the premature commencement of the Construction or
Demolition, or the Ghange of Use of the Building.
7. Refund of Permit Fees
ln the case of a withdrawal or abandonment of an Application, the
abandonment of all or a portion of the work, refusal of a Permit or the non-
commencement of any project, the Chief Building Official shall determine the
amount of paid permit fees that may be refunded to the applicant, if any, in
accordance with the following:
a)
b)
c)
d)
e)
0
s)
h)
i)
8. As
80 percent (80%) if administrative functions have only been performed;
70 percent (7Oo/o) if administrative and zoning functions have only been
performed;
50 percent (50%) if administrative, zoning and plans examination functions
have been performed;
35 percent (35%) if Permit has been issued and no field inspections have
been performed subsequent to Permit issuance;
5 percent (5%) shall additionally be deducted for each field inspection that
has been performed after the Permit has been issued;
No refund shall be made of an amount that is less than the minimum Permit
fee applicable to the work;
No refund shall be made after two years following the date of Permit
application where the Permit has not been issued or one year following the
date of issuance;
No refund shall be made where a Transfer of Permit under Clause 7.(1Xh) of
the Act has been granted;
No refund shall be made where the Chief Building Official has revoked the
permit under Section 8(10) of the Act.
Constructed Plans
The Ghief Building Official may require that a set of As Constructed Plans of
a Building be filed with the Chief Building Official on completion of
Gonstruction as described under Section 7(1Xg) of the Act.
9. Notice Requirement for lnspections
As per Sentence 10.2 (1) of the Act, the Applicant or an authorized Agent shall
notify the Chief Building Official of the prescribed notices under Division C,
Article 1.3.5.1. of the Building Gode and the additional notices under Division C,
Clause 1.3.5.2.(1Xb) and (j) of the Building Code as described below.
a) Substantial completion of structural framing for each storey when the
building is not within the scope of Part 9 of the Building Code.
b) Completion of a building for which an occupancy permit is required under
Division C, Article 1.3.3.4.
Notice shall be given at least one business day prior to each stage of
construction as described below:
a) Notice may be given by telephone, email or in person.
b) Notice must include the permit number, contact name, contact phone
number, stage of construction and preferred time for inspection (morning
or afternoon).
10. Appointment of Chief Building Official and Inspectors
Chief Building Officials and lnspectors will be appointed by a by-law of the
Township, as described in Subsection 3-(2) of the Act for the purpose of
enforcement of the Act.
1 1. Code of Conduct
The Code of Conduct for the Chief Building Official and lnspectors, as
required under SubsectionT.1(1) of the Act, is set out in Schedule "8" of this By-
law.
12. Severability
Where a court of competent jurisdiction declares any section or part of a section
of this By-law to be invalid, or to be of no force and effect, it is the intention of
Council in enacting this By-law that the remainder of this By-law shall continue in
force and be applied and enforced in accordance with its terms to the fullest
extent possible according to law.
13. Approved plans on site
As per Division C Article 1.3.2.2. of the Building Code one copy of the building
plans used as supporting documentation for the building permit application
that were reviewed and approved for construction or demolition by the
building department shall be kept on site at all times until final completion of the
building permit. Failure to keep approved plans on site will result in a failed
inspection and at the discretion of the Chief Building Official may result in an
inspection of works not ready fee as described in the Townshipns User Fees
and Charges By-law.
14. Repeal and Replacement of Previous By-laws
By-law number 42105 and all its amending by-laws are hereby repealed and
replaced by this By-law as of the date and time of this By-law coming into effect.
15. Effective Date
This By-law shall come into force and effect on January 1,2019
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7tn DAY
OF NOVEMBER 2018.
Dennis Lever, Mayor
ren Landry, CAO/Clerk
SCHEDULE IIAII
By-Law Number 057-2018
Required lnformation for Permit Applications
The following is a list of plans, working drawings, information and forms that may be
required to accompany applications for Permits according to the scope of work:
Plans and Working Drawings
Floor Plans
Layout drawing of all floors with
room names and uses specified
includes structural details of beams,
lintels, point loads, walls and floor
systems
includes location of windows and
doors
I ncludes sufficient information to
determine Building Code
compliance
Foundation plan includes size of
foundation walls, footings, piers and
columns. Location of sump pits and
floor drains.
Renovations should indicate the
existing and new parts of the
building including areas to be
renovated or demolished.
Smoke/CO detector location
Plumbing fixture location and type
Attic and crawlspace access
location
b)
a
o
o
o
o
a
a
a
o
Roof Plan
Provides size and shape of roof
structure.
I ndicates ventilation req u irements
Size and span of roof framing
members
Roof slope
Roof mounted equipment
d)
a
a
o
a
a
Septic System Layouts
Site plan to scale indicating all
buildings, wells and structures.
Calculations on type of building
and type of sewage system
proposed.
Cross section of system.
0
a
a
a
h)
Architectural Drawings
i)
Electrical Drawings
o SB-10load lighting calculations
r)
Fire System Drawings
. Sprinkler and standpipe and hose
drawings.
n)
Travel Distance and Exit capacity
drawings
a)
a
o
a
a
a
Site Plan
Plan of building(s) including
proximity to property lines,
sewage systems, overhead /
underground electrical lines and
wells
Easements
Right of Way
lncludes north arrow
lncludes drainage plans where
applicable
Roof Truss Layout Plan
lndicates location of trusses and
spacing
lndicates location of girder
trusses
lndicates span of trusses
c)
a
a
a
Sections and Details
I ncludes connection details
Backfill heights
Floor to floor heights
Headroom height in stairs
e)
a
o
a
a
Building Elevations
o for each wall
o Show height of building and
chimneys
s)
Structural Drawings
Overall structural design loads
i)
a
Mechanical Drawings
Layouts and sizing for drainage,
venting, water piping and
ductwork.
k)
a
m) Building Code Matrix
. lndicatinq maior Ontario
q) Forms
o Application for an Alternative
Solution
. Commitment To General
Reviews By Architects and
Engineers
o Energy Efficiency Forms (s), ie
(SB-10 and SB-12)
. MechanicalVentilation
Summary Form
o MDS I & ll information form.
o)
Alternative Solution
. On approved alternative solution
submission form.
. ldentifies all areas of
performance and levels achieved by
the alternative and acceptable
solutions.
Building Code Compliance criteria
p)
lnformation
. Spatial separation calculations
o Fire protection reports
o Building Gode Matrix
lndicates travel distances to exits
a
Two sets of drawings shall be submitted on paper or other durable material. One full-
sized set of drawings to a legible, recognized scale (minimum 3/16" = 1') and one I 1"x
17" reduced scale set of drawings are required. Two sets of 11"x17" drawings may be
submitted if to a legible, recognized scale (minimum 3/16" = 1'). Electronic drawings
may be submitted, or may be required to be submitted, at the discretion of the Chief
Building Official.
Where applicable, each page in a set of drawings must be sealed and signed by an
Architect and/or Professional Engineer and/or stamped by a qualified/registered
designer, licensed in the province of Ontario.
All drawings shall be fully dimensioned, noting all sizes and types of construction
materials to be used and their respective locations, all finishes to allwalls, ceilings and
floors and all existing and proposed fire separations. Alterations, renovations and
additions must differentiate between the existing Building and new Gonstruction being
proposed. Site plans must include a north arrow, lot lines and existing easements.
SCHEDULE IIBII
By-Law Number 057-2018
Code of Conduct for the Ghief Building Official and lnspectors
l. Purpose
a) To promote appropriate standards of behavior and enforcement actions by all
Building Department staff in the exercise of power or the performance of a duty.
b) To prevent practices which may constitute an abuse of power, including unethical
or illegal practices, by all Building Department staff in the exercise of power or the
performance of a duty.
c) To promote appropriate standards of honesty and integrity in the exercise of
power or the performance of a duty by all Building Department staff.
2. Scope
This policy applies to all Building Department staff
The Gode of Conduct must provide for its enforcement and include policies or
guidelines to be used when responding to allegations that the Code of Conduct has
been breached and disciplinary actions that may be taken if the Code of Conduct is
breached.
3. Contents
Gonduct
a) Always act in the public interest.
b) Apply all relevant laws, codes and standards in an impartial, consistent, fair and
professional manner, independent of any external influence and without regard to
any personal interests.
c) Maintain required legislated qualifications, discharging all duties in accordance
with recognized areas of competency.
d) Extend professional courtesy to all.
e) Ensure interactions are in keeping with the Township's Corporate Values and
associated behaviours.
f) Maintain knowledge and understanding of current building practices, laws and
regulations.
g) Commit to continuous education.
h) Comply with the Act, the Building Code and other applicable laws.
i) Not divulge confidential or sensitive information except in accordance with the
Municipal Freedom of lnformation and Protection of Privacy Act.
4, Breaches of the Code of Conduct
A complaint regarding an alleged breach of this Code of Gonduct shall be submitted
in accordance with the Township's Municipal Complaint Policy.