This is the exact embedded text of the captured official document.
Snapshot 59ea0936720d · verified 2026-09-25 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWNSHIP OF SEGUIN
BY-LAW NO. 2019-031
Being a By-law respecting Construction, Demolition, Change of Use,
Inspections and Fees, and to Repeal By-law No. 2018-018 and all other By
laws and Resolutions, or parts thereof, contrary hereto or inconsistent
herewith.
WHEREAS pursuant to Section 7. of the Building Code Act, 1992. SO. 1992, c. 23 as amended.
empowers Council to pass certain by-laws respecting construction, demolition and changes of
use, conditional permits, inspections and enforcement related matters of the Building Code Act;
AND WHEREAS the Council of each municipality is responsible for the enforcement of this Act
in the municipality;
AND WHEREAS Section 391 of the AvtnnicipalAct 5.0. 2001, c. 25 as amended, a municipality
may pass by-laws imposing fees or charges for services of activities provided or done by or on
behalf of it.
AND WHEREAS Sections 8. 9 & 10 of the Municipal Act 5.0. 2001, c. 25 as amended gives
broad authority to the Municipality to enable them to govern their affairs as they consider
appropriate and to enhance their ability to respond to Municipal issues.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF SEGUIN ENACTS AS FOLLOWS:
TABLE OF CONTENTS
1.
Short Title
2
2.
Definitions
3.
Classes of Permits
4
4.
Requirements for Building Permit Applications
41.
Application
-- General
4
4.2.
Application for Permit to Construct
4
4.3.
Application for Permit to Demolish
5
4.4.
Application for Conditional Permit
5
4.5.
Application to Permit Change of Use
7
5.
Plans and Specifications
5.1.
General
7
5.2.
Site Plan
8
5.3.
Construction Plans
8
5.4.
Other Plans/SpeciticationslDocuments
9
6.
Alternative Solutions for the Objective-Based Building Code
10
7.
Review of Permit Application
II
8.
Permit Fees & Refunds
II
9.
Administration Fees and Time Limitations
9.1.
Description
12
9.2.
Resubmission of Permit Application
12
9.3.
Revisions to Permit Plans
12
9.4.
Transfer of Permits
12
9.5
Open Building Permit Annual Maintenance Fee
12
9.6
Additional/Special Inspections
13
9.7
Final Inspections on Old Permits
13
9.8
Building Without a Permit
13
10.
Notice for Inspection
13
11.
PlansonSite
14
12.
As Constructed Plans
14
13.
Occupancy and Completion of a Building
14
14.
General Provisions & Severability
15
15.
Transition, Commencement and Repeal of By-laws
15
APPENDIX
Schedule A
-- Building Permit Fees & Administration Fees
16
Schedule B
-- Refunds
18
Schedule C
-- List of Construction Plans to Accompany Applications
19
Schedule D
-- Code of Conduct for Building Officials
20
SHORT TITLE
1.1
This By-law may be cited as the "Building By-law".
2.
DEFINITIONS
2.1
In addition to those definitions found in the Ontario Building Code Act, the Building
Code and the current edition of the Seguin Zoning By-law, the following definitions shall
apply for the purposes of the By-law:
2.1.1
Act means the Ontario Building CodeAct. 1992, 5.0. 1992, c. 23 as amended.
2.1.2
Additional Inspection means an inspection that is requested or required and
ealTied out (at the discretion of the Chief Building Official) in connection with an
existing permit where the work was not substantially complete or deficient. This
includes inspections requested on permits that are more than twelve (12) months
old that were issued under a previous or present version of the Building Code and
with or without records of an inspection being performed or requestcd for at least
one (1) year. This also includes inspections required to be re-booked due to
Township-approved building plans being absent from site for reference during
inspection, as required by the Building Code.
2.1-3
As Constructed Plans means the same as defined in the Building Code.
2.1.4
B.M.E.C. means the Building Materials Evaluation Commission.
2.1.5
Building means the same as defined in Section 1(1) of the Act.
2.1.6
Building Area means the greatest horizontal area of a building above grade
within the outside surface of the exterior walls occupied by the building, or within
the outside surface of the exterior walls occupied by the building and the centre
line of firewalls within the building's exterior walls.
2.1.7
Building Code means the Ontario Building Code Compendium. being the
regulations made under section 34 of the Act.
2.1.8
Chief Building Official or C.B.O. means the Chief Building Official appointed
by a By-law of The Corporation of the Township of Seguin for the purposes of
enforcement of the Act.
2.1.9
Conditional Permit means a permit issued by the Chief Building Official even
though all the requirements under 8.(2) of the Act have not been met and shall
include an agreement as described in 8.(3)(c) of the Act.
2.1.10 Construct means the same as defined in Section 1(1) oftheAct.
2.1.11 Contractor means a person or organization that will provide labour, material.
supervision, equipment or any combination of them directly to the Proponent in
order to perform the Works, but may include a sub-contractor if appropriate in the
context, and also includes the Proponent and the land owner if they undertake to
do the work of a contractor.
7
2.1.12 Corporation means The Corporation of the Township of Seguin.
2.1.13 Council means the Council of the Corporation of the Township of Seguin.
2.1.14 Demolish means the same as defined in Section 1(1) oftheAct.
2.1.15 Designer means a person who produces or provides some or all of the documents
which are submitted in support of a building permit application or performs
review of the construction project, and is restricted to design and/or review in the
matters only for which they are qualified (unless exempt as prescribed in the
Building Code).
2.1.16 Farm Building means the same as defined in the Building CodeS
2.1.17 Finished Floor Area means the floor area of any room or space in a building to
which a finish material has been applied to the floors, walls and'or ceiling.
2.1.18 Floor Area means the floor area of any room or space in a building that may or
may not be finished.
2.1.19 Grade means the same as defined in the Building Code.
2.1.20 Habitable Space means the finished floor area of all storeys. half-storeys or
basements in a dwelling, guest cabin or boathouse (as applicable), and shall not
include a garage, open deck, covered porch, or unfinished floor area in a basement
and shall be measured to the outside surface of the exterior walls.
2.1.21 Inspector means the same as defined in Section 1 .( 1) of the Act.
2.1.22 Minister means the Minister of Municipal Affairs.
2.1.23 Occupancy means the same as defined in the Building Code.
2.1.24 Open Boat Storage Building means a shelf and/or rack structure intended for the
seasonal storage of dry stacked boats or other watereraft.
2.1.25 Permit means
written permission
or written authorization
from
the Chief
Building Official to perform work regulated by this By-law and the Act.
2.1.26 Person means an individual, association. finn, partnership, corporation, trust,
organization.
trustee,
or agent.
and
includes
the
heirs,
executors,
assigns.
successors or legal representative of the Person.
2.1.27 Plumbing means the same as defined in Section 1(1) oftheAct.
2.1.28 Principal Authority means [he Council of the Township of Seguin.
2.1.29 Proponent means the person who will ultimately pay for the Works, but does not
include a perspective tenant who will pay only rent, and does not include a
landlord who will not ultimately pay for any portion of the Works and remains at
arm's length from the building permit process.
2.1.30 Sewage System means the same as defined in the Building Code.
2.1.31 Special Inspection means an inspection that is required and carried out. not in
connection with a permit. at the discretion of the Chief Building Official.
This
includes inspections requested on permits that are more than twelve (12) months
old that were issued under a previous or present version of the Building Code and
with or without records of an inspection being performed or requested for at least
one (I) year.
2.1.32 Township means Township of Seguin.
2.1.33 Works means any construction, demolition or activity which is regulated by the
Building Code, and is subject to application for a permit or has been permitted as
required under the Act.
3.
CLASSES OF PERMITS
3.1
Whereas clause 7.(1)(a) of the Act authorizes Council to prescribe classes of permits, the
Council hereby prescribes the classes of permits, defined in Schedule A of this By-law.
The classes of permits with respect to the construction, demolition, conditional and
change of use of buildings and permit fees shall be as set out in Schedule A of this By
law.
3.2
Other types of inspections, reports and record searches are as set out in Schedule A of this
By-law or Schedule A of the Fees and Charges By-law.
3.3
The Council hereby delegates authority to the Chief Building Official to create and use
additional classes of permits if the necessity for such additional classes becomes
apparent.
3.4
The Council hereby authorizes the Chief Building Official to issue a single permit which
authorizes work in one or more classes, at the sole discretion of the Chief Building
Official.
3.5
Where signs are sufficiently described in an application for a permit and compliance can
be confirmed with the Act, the Building Code and the Sign By-law, any class of permit
issued is deemed to include the signs.
4.
REQUIREMENTS FOR BUILDING PERMIT APPLICATIONS
4.1
Application - General
4.1.1
Whereas clause 7.( I )(b) of the Act authorizes Council to prescribe that permit
applications be accompanied by plans, specifications, documents or other
information, and clause 7.(l)(f) of the Act authorizes Council to prescribe
application forms, and paragraph 34(1)28. of the Act authorizes application
forms to be prescribed by the Minister, and whereas the Minister may not at the
date of passing this By-law have prescribed forms, the Chief Building Official is
hereby authorized to create and distribute suitable forms, and once created and
distributed, the forms are hereby prescribed.
4.1.2
Where the Chief Building Official or Minister has created forms and distributed
them or otherwise made them available, an application for a permit under this By
law shall be made on either the form created by the Chief Building Official or the
Provincial standard form, whichever takes precedence. If the Provincial standard
form is not suitable for class of permit requested, the Chief Building Official's
form shall take precedence.
If neither prescribed form takes precedence, either
may he used at the discretion of the applicant.
4.1.3
To obtain a permit, the owner or an agent authorized by the owner shall file an
application in writing by completing a prescribed form available at the Township
of Seguin service counter, from our website www.seguin.ca or from the Ministry
website: www.mah.gov.on.ca, accompanied by the applicable plans, schedules,
support documentation and with the applicable fees.
4.2
Application for Permit to Construct
Where application is made for a building pennit under Subsection 8(1) of the Act, the
application shall:
4.2.1
Identify and describe in detail the work and the occupancy to be covered by the
4
permit for which the application is made.
4.2.2
Describe the land on which the work is to be done, by a description that will
readily identify and locate the building lot and would give the legal description of
the land.
413
IncLude a minimum of two (2) sets of complete plans and specifications for the
work being covered by the permit and show the occupancy/use of all parts of the
building.
The list of plans or working drawings are described in Schedule C.
attached to and forming part of this By-law.
4.2.4
State the valuation of the proposed work to be covcrcd including materials and
labour, and be accompanied by the required fee.
4.2.5
State the names, addresses and telephone numbers of the owner and of the
architect(s) or engineer(s), other designer(s) or contractor(s) where applicable.
42.6
Be accompanied by written acknowledgement of the owner that heshe has
retained an architect or professional engineer to carry out a field review of the
construction where required by the Building Code.
4.2.7
Include approvals for any applicable federal and provincial statutes & regulations,
municipal by-laws, B.M.E.C. authorizations for new & innovative products and
any other applicable law.
4.2.8
Be signed and dated by the owner or hisr her authorized agent who shall certify the
truth of the contents of the application.
4.3
Application for Permit to Demolish
Where application is made for a demolition permit under Subsection 8(1) of the Act, the
application shall:
4.3.1
Contain the information required by all clauses under 4.2 (where applicable).
4.3.2
At the discretion of the Chief Building Official, include satisfactory proof that
arTangernents have been made with the proper authorities and/or contractors for
the cutting off and capping to make safe all water, sewer, electric, telephone and
other utilities and services as applicable.
4.3.3
Include documentation which identifies each class of waste which will be
generated by the demolition and specifies the means by which each class will be
disposed. or any other drawings and information as required by the Chief Building
Official.
43.4
The Chief Building Official may waive the requirement for any of the above
documents or approvals where found not applicable to the class of permit sought.
4.4
Application for Conditional Permit
Where application is made for a conditional permit under subsection 8(3) of the Act, the
application shall:
4.4.1
Contain the information required by all clauses under 4.2 (where applicable)
covering the portion of the work for which immediate approval is desired.
4.4.2
Demonstrate that compliance with by-laws passed under scctions 34 and 38 of the
Planning Act and with such other applicable law as may be set out in the Building
Code has been achieved in respect of the proposed building or construction.
4.4.3
State the reasons in writing why the applicant believes that unreasonable delays in
construction would occur if a conditional permit is not granted.
4.4.4
Provide in writing that the applicant is committed to entering into an agreement as
described in clause 8.(3)(c) of the Act, including submission of a monetary
security as described in sub-clause 8.(3)(e)(v).
4.4.5
Limit the request for conditional permit to that portion of the building which has
been fully proven through full and complete design, compliance with the Building
Code and applicable laws to meet the requirements and provide adequate interim
design for the rest of the building to fully demonstrate how they relate to each
other. The balance of the final design shall fully maintain integration with the
conditionally-approved portion of the building and within the requirements of the
Building Code.
4.4.6
State the necessary approvals which must be obtained in respect of the proposed
building and the time in which such approvals will be obtained.
4.4.7
State the time in which completed plans and specifications of the entire building
with all components will be filed with the Chief Building Official by the
applicant.
4.4.8
Contain any other information, plans and specifications concerning the complete
project as required by the Chief Building Official.
4.4.9
The Chief Building Official shall review the information submitted, including the
estimated timelines for the full set of final plans to be submitted, to ensure that
they are reasonable and meet the requirements of the Building Code and contain
enough information to fully satisfy the potential effects of the forth-coming
remainder of the design without causing significant perceived modifications,
problems and corrections to the initial conditional portion of the design.
Should the information submitted not be adequate to satisfy the requirements of
the Building Code and/or be unsatisfactory information affecting the conditional
portion of the building in relation to the final design as a whole, the application
will be rejected in whole until the required information is complete and meets the
requirements and reasonable timelines, or until the completed project design is
submitted in its entirety.
4.4.10 From the date of issuance of a Conditional Permit, a maximum time limitation of
ninety (90) days is put in place to submit the balance of the required information
and application in its entirety to the building department, after which time the
appropriate actions may be taken as outlined in the Building Code.
4.4.11 The complete application and prescribed plans and specifications shall be
accompanied by the required fee as prescribed in Schedule A of this By-law.
4.4.12 The Chief Building Official may waive the requirement for any of the above
documents or approvals where found not applicable to the class of permit sought.
4.4.13 Where a permit is issued for part of a building or project, this shall not be
construed to authorize beyond the plans for which approval was given nor will
that approval necessarily be granted for the entire building or project.
4.4.14 The Council delegates the Chief Building Official to enter into agreements with
the owner and/or applicant for a conditional permit within the guidelines of the
Building Code provided all of the necessary requirements of all applicable laws
including municipal by-laws have been met.
4.4.15 In considering whether a conditional permit should be granted, the Chief Building
Official shall, among other matters, have regard to the potential difficulty in
restoring the site to its original state and use if required approvals are not
obtained.
4.4.16 Any agreement entered into under clause 8.(3)(c) of the Act may be registered
6
against the land to which it applies and the Municipality is entitled to enforce its
provisions against the owner and, subject to the Registry Act and the Laud Titles
Act, any and all subsequent owners of the land.
4.5
Application to Permit Change of Use
Where application is made for a change of use permit under subsection 10(1) of the Act,
the application shall:
4.5.1
Describe the building of which the occupancy is to be changed by a description
that will readily identify and locate the building lot and would give the legal
description of the land.
4.5.2
Identify and describe in detail the current and proposed occupancies of the
building or part of the building for which the application is being made.
4.5.3
Include plans and specifications which show the cuffent and proposed occupancy
of all parts of the building and which contain sufficicnt 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 capabilities.
4.5.4
Be accompanied by the required fee as prescribed in Schedule A of this By-law.
4.5.5
State the name, address and telephone number of the owner and spouse, his/her
authorized agent, and of the architect(s) or engineer(s), other designer(s) or
contractor(s) where applicable.
4.5.6
Be signed and dated by the owner or his or her authorized agcnt who shall certify
the truth of the contents of the application.
5.
PLANS AND SPECIFICATIONS
5.1
General
5.1.1
Each application for a permit shall, unless otherwise specified by the Chief
Building Official, be accompanied by two (2) complete sets of the plans,
specifications and other documents from which the Contractor will build or
undertake to perform the Works.
All required documents shall be produced at the time of submission of a building
permit application.
The documentation referenced in 5.2. 5.3 and 5.4 must also accompany the pennit
application unless determined not to be applicable or otherwise excepted/waived
by the Chief Building Official.
Note that hardcopies required to be printed at the municipal office to complete the
application may be subject to fees set out in Schedule A of the Fees and Charges
By-law.
5.1.2
Sufficient information shall be submitted with each application for a permit to
enable the Chief Building Official to determine whether or not the proposed
construction, demolition or change of use will conform to the Act, the Building
Code and any other applicable law.
5.1.3
Notice of any material change to
a plan, specification, document or other
information on the basis of which the permit was issued shall be submitted in
writing to the Chief Building Official for review prior to causing the change to be
made. The change is not to be made without the Chief Building Official's written
authorization.
5.1.4
Plans shall be drawn and submitted on paper or other durable material, and shall
be accurately scaled and dimensioned in a durable, clear and legible manner, and
shall include, but not limited to, working drawings as set out in subsection 5.3 of
7
this By-law, unless otherwise specified by the Chief Building Official.
5.1.5
Written wording on all submitted plans and documents used as labels, notes,
descriptions or otherwise shall be written in the English language and be legible.
5.2
Site Plan
5.2.1
Where a new building is proposed, an existing building is to be enlarged (in
height or area) or moved, the exterior walls or overhangs of an existing building
will be altered, or existing site work will be extended, altered or repaired, a site
plan shall be submitted with the permit application. It shall be referenced to an up-
to-date survey prepared by an Ontario Land Surveyor.
At the discretion of the
Chief Building Official, a legible hand-drawn plan (drawn to scale) in lieu of a
surveyors plan may be submitted, provided such hand-drawn plan meets the
requirements of subsections 5.2.2 and 5.2.3.
5.2.2
A site plan shall be drawn and submitted on paper or other durable material, and
shall be accurately scaled and dimensioned to demonstrate compliance with the
current comprehensive zoning by-law and/or applicable law, bearing the signature
and date of the person that prepared the plan.
5.2.3
Site plans shall indicate the following (but is not limited to):
a)
The legal description, civic address, lot size, property lines with
dimensions of each as well as bearing in relation to North.
b)
Size, area and use of all buildings currently and proposed on the subject
property.
c)
Setbacks measured horizontally and at right angles from property lines to
any existing and/or proposed buildings from respective property line
designations as defined in the comprehensive zoning by-law.
d)
Existing and finished ground levels or grades when significant to the
proposed project.
e)
Existing rights-of-way, easements and municipal or other services.
0
The location of any existing or proposed sewage system (weeper bed
location, tank location) and setbacks from these to other existing or
proposed buildings, property lines, easements and water sources (well,
pond, lake).
g)
The location and voltage of buried or overhead hydro-eleetrie transmission
lines.
5.2.4
Real property verification by an Ontario Land Surveyor of existing and/or
proposed structure locations and/or service locations in relation to each other
and/or the extents of the property lines and/or to relevant outlying features
conforming to the Building By-law may be required prior to building permit
issuance, prior to excavation, prior to proceeding past the foundation stage and/or
once the building/structures' exterior is completed, if required by the Chief
Building Official.
5.3
Construction Plans
5.3.1
Floor Plan(s)
-- Scale drawing(s) showing the size and the use of all rooms and
floor areas and the overall dimensions of the building, locations of structural
elements (including, but not limited to lintels, point loads & supports, beams, pre
engineered products, etc.), interior wall locations, door/window and plumbing
fixture
locations
and
types,
smoke alarm
and
carbon
monoxide detection
locations, attic and/or erawlspaee access hatches, stair locations with direction of
travel and any other pertinent information in regards to the energy efficiency
requirements of the building.
5.3.2
Foundation Plan(s)
-- Scale drawing(s) of the foundation and floor system(s)
showing size and spacing of footings, piers, posts/columns, type of materials used
for foundation assembly, locations and sizes of supporting beams and joists, point
S
load supports. pre-engincercd products, floor drains and/or sump pit locations,
interior wall locations, plumbing fixture locations and types, smoke alarm and
carbon monoxide detcction locations, crawlspace access hatches, stair locations
with direction of travel and any other pertinent information in regards to the
energy efficiency requiremcnts of the building.
5.3.3
Roof Plan(s)
-- Scale drawing(s) showing size and spacing of roof framing
members, over-framing, roof slope(s), roof lines indicating change in slope
direction, chimney location(s), roof-mounted equipment, roof overhang(s) and
any other projection as permitted, outline of building below, structure to support
point load framing (including ridge beams, girder trusses, etc.).
5.3.4
Framing Plan(s)
-- Scale drawing(s) of any structural components not able to be
included on other plans (i.e. tall-wall framing, heavy timber layouts & details).
5.3.5
Sections & Details
-- Scale drawing(s) of (a) cross-section(s) of the proposed
building from the foundation level to the roof peak and shall fully describe the
details of the building, including applicable structure, wall, roof and floor
assemblies, assembly thicknesses,
footing depth(s), backfill height(s), storey
heights, overall building height (as defined in the comprehensive zoning by-law),
headroom height in stairwells, roof slope(s), chimney height(s), connection details
and room uses and as described in 5.3.1 above.
5.3.6
Building Elevations
-- Scale drawings of the proposed building (minimum of 2
sides if building is symmetrical) from proposed grade to roof peak and include the
building height (as defined in the comprehensive zoning by-law), roof slope(s),
chimney height(s), outline of foundation, height of foundation above grade, doors
& windows, stairs, rails and guards for decks and other exits, notes and/or
hatching dcpicting exterior finishes and any exterior structural elements.
5.3.7
Electrical Drawing(s)
-- Scale drawing(s) of any electrical components not able to
be included on other plans.
5.3.8
Heating, Ventilation & Air Conditioning Drawing(s)
-- Scale drawing(s) of the
layout, types and sizing of all components (including type of heating system,
ventilation system and fuel source), type & location of fire stops and/or fire rated
closures where applicable, heat gain/loss calculations and an Energy Efficiency
Design Summary as part of the application as described in Section 4 of this By
law.
5.3.9
Plumbing Drawing(s)-- Scale drawing(s) of any plumbing components not able to
be included on other plans.
5.4
Other Plans/Specifications/Documents
5.4.1
Written permission or a valid Onsite Sewage System Permit issued by North Bay
Mattawa Conservation Authority or the Ministry of the Environment in respect to
the waste disposal system which will adequately service the proposed building(s).
5.4.2
Written approval or a valid Work Permit from the Ministry of Natural Resources
and/or Department of Fisheries and Oceans where the proposed building is within
the prescribed proximity to a Crown lake bed.
5.4.3
Written approval or a valid Building and Land Use Permit from the Ministry of
Transportation where the proposed building is within the prescribed proximity to
a provincial highway, as defined in the Building and Land Use Policy issued by
the Ministry of Transportation.
5.4.4
Written approval or an Entrance Penit when a driveway is required to access the
proposed building, either from the Ministry of Transportation where the proposed
building is accessed from a provincial highway or from the Municipality where
9
the proposed building is accessed from a municipally-maintained road (either
seasonally or year-round).
54.5
Written approval or an appropriate permit from any government agency which is
required for the class of permit sought.
5.4.6
Written documentation and specifications/recommendations
supporting other
authorized agreements such as requirements for noise and!or vibration studies
dependent on proximity to railway property. easements for view
as may be
outlined in subdivision agreements. casements for hydro lines or other applicable
by-laws or applicable laws.
54.7
Drawing(s) andFor written specifications in respect to all materials and their uses
for the proposed building. which are governed by the reguLations under the Act, to
fully explain how they are integrated within the design.
54.8
Scale drawing(s) and/or written specifications of structural, mechanical, electrical
and lire detection & alarm systems for the proposed building when required by
the Chief Building Official.
5.4.9
Stamped and signed engineered plans, sketches, or details as required by the
Building Code and where pre-engineered products are used.
54.10 Manufacturer's layout for pre-engineered roof trusses and floor joists (may he
preliminary with final layout & specifications being submitted to the Chief
Building Official prior to installation).
5.4.11
Any documentation required to support objective-based proposals as described in
Section 6 of this By-law.
54. 2 Despite subsections 5.1.4 through 5.4.11 of this By-law, the Chief Building
Official may accept a submission at his:her discretion which is in a digital
(computer-readable) format.
Refer to subsection 5.1.1 of this By-law in regards to hardcopy prints.
Note: The Chief Building Official may specify that not all of the above- mentioned plans
specified in Sections 5.2 to 5.4 are required to accompany an application for permit.
6.
ALTERNATIVE
SOLUTIONS
FOR
THE
OBJECTIVE-BASED
BUILDING
CODE
6.1
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 alternative solutions for materials, systems or building designs for which
authorization of the Building Code Div. A,
1.2.1. is required, any of the following
information shall he provided where considered relevant/applicable:
6.1.1
A description of the proposed material, system or building design complying with
the applicable acceptable solutions in Division B, as requested.
6.1.2
Documentation of alternative solutions that will achieve the level of performance
required by the applicable acceptable solutions in respect of the objectives and
functional
statements
attributed
to
the
applicable
acceptable
solutions
in
Supplementary Standard SA-1 found in Vol. 2 of the Building Code.
6.1.3
Any other applicable provisions of the Building Code.
6.2
For the purposes of 6.1.2, the level of performance in respect to a functional statement
refers to the performance of the functional statement as it relates to the objective with
which it is associated in Supplementary Standard SA-l.
10
6.3
The application for an alternative solution shall be submitted to the Chief Building
Official using the prescribed form provided by the Township.
6.4
The processing of an application for alternative solution is subject to a fee which is
specified in Schedule A of this By-law.
6.5
In addition to the fec as describcd in 6.4, the applicant shall pay any additional costs that
may be incurred by the Township in relation to the evaluation process of the alternative
solution.
7.
REVIEW OF PERMIT APPLICATION
7.1
Where the Building Code specifies time periods for processing a complete application
(Div. C, 1.3.1.3.), if during preliminary review of an application it is found to be
incomplete or found to contravene applicable law, the applicant will be advised and given
the reasons in writing for the determination within two (2) working days after thc
application submission date.
7.2
If an application has been found to be incomplete or contravenes applicable law, review
of the application will be suspended and is no longer subject to the time periods set out in
the Building Code.
8.
PERMIT FEES & REFUNDS
8.1
The fees payable for the various classes of permits shall be as set out in Schedule A of
this By-law and are due upon submission of an application for a permit, or as directed by
the Chief Building Official.
8.2
Where the fees payable in respect of an application for a construction or demolition
permit issued under Subsection 8.( I) of the Act or a conditional permit under subsection
8.(3) of the Act are based on the cost of valuation of proposed work, the cost of valuation
of the proposed work shall mean the total value of all work described in the permit,
including the cost of all material, labour, equipment, overhead and professional and
related services, provided that where application is made for a conditional permit, fees
shall be paid for the complete project.
8.3
Permit applications for other classes of permits which are not listed in Schedule A shall
have a value affixed by the Chief Building Official for the purposes of establishing the
permit fee and statistical reporting, and shall be based on the rate structure calculations
shown in Schedule A.
8.4
When a permit fec is disputed, the applicant shall pay the required fee under protest and,
within six (6) months of completion of the project, submit an audited statement of the
actual costs.
If the audited value is determined to be less than the initial valuation, the
Chief Building Official shall issue a refund for the difference.
8.5
The audited statement noted in section 8.4 must be properly and clearly summarized,
indexed and organized in a manner that allows for simple review, and shall be submitted
to the Chief Building Official within 3 years of the permit issue date to be eligible for any
partial permit fee refund.
8.6
In the ease of withdrawal of an application or the abandonment of all or a portion of the
work 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 or permit
holder, if any, in accordance with Schedule B of this By-law.
Application for refund
must be made within six (6) months of the date of permit application or date of permit
issue (whichever ease applies) in order to be eligible for a refund of any permit fee. The
amount of the refund may be nil.
8.7
Every request for a fee refund shall be in writing, and shall unequivocally withdraw an
application, state that a project will not commence, or state that the work is abandoned
II
and will not resume. Upon receipt of such request, the Chief Building Official will cancel
all applicable permit applications and/or revoke all applicable permits. Refer to Schedule
B of This By-law for refunds schedule.
9.
ADMINISTRATION FEES AND TIME LIMITATIONS
9. 1
Description
As permitted in the Ontario MuincipalAct. 2(X)1, 5.0.2001, c.25 as amended, Part 12,
sentence 391(3). the following are descriptions of costs related to administration found in
Schedule A of this By-law.
9.2
Resubmission of Permit Application
9.2.1
Where 7.1 above has been applied, review ofan application will he resumed when
all of the required documentation has been provided which corrects the deficiency
identified within the context above, and the re-submission fee has been paid. The
re-submission fee is specified in Schedule A.
9.2.2
The Chief Building Official may. at his/her discretion, waive the re-submission
fee provided the Designer (as described in the Act and the Building Code) submits
the required corrected document(s) promptly.
9.3
Revisions to Permit Plans
9.3.1
Where drawings, specifications or other documentation are submitted as a request
for change on a permit already issued (as described in 5.1.3 of this By-law), a
review of the change must be performed by the Chief Building Official and
written authorization given prior to the change taking place at the project site.
9.3.2
The processing of the supplementary/altered information is subject to a revision
fee which is specified in Schedule A of this By-law.
9.3.3
The Chief Building Official may, at his'her discretion, waive the revision fee
depending on the extent or complexity of the proposed changes.
9.4
Transfer of Permits
9.4.1
When property changes ownership afler a building permit has been issued, an
openiactive building permit may be transferred to the new owner upon submitting
an application (Application to Transfer Building Permit(s)
to New Owner.
including any applicable
Letter of Authorization)
and
the
required
fee
in
accordance with Schedule A.
9.4.2
When a building permit is transferred, the new owner assumes all responsibility
for the ownership of the properly including outstanding permits and/or orders
against it. New owners may be required to provide additional information and, if
necessary, proof of engagement of a design professional.
9.4.3
Changes made to plans submitted for the original building permit may require
payment of an additional fee, as per section 9.3.2 above. Additional fees will
reflect the differences (if any) in fee increases plus the transfer fee in Schedule A.
9.5
Open Building Permit Annual Maintenance Fee
9.5.1
Any permit that remains in an "openiissucd" status for a period of greater than
flute (3) years shall be subject to an administrative fee applied annually to each
open permit file on a property until such time that the permit is closed. The fee
applied is specified in Schedule A oithis By-law.
9.5.2
A letter reminding each property owner shall be sent requesting payment. In the
event that payment is not made, the fee will be applied to the property owner's tax
12
roll.
9.5.3
The Annual Maintenance Fee only applies to permits issued after April 3, 2017.
9.6
Additional/Special Inspections
9.6.1
Additional/Special
inspections
(as defined
in
2.1
of this
By-law) deemed
necessary by the Chief Building Official may be subject to a fee. This fee would
be applicable to existing buildings or defective/deficient new buildings, and
would apply to portions of projects deemed requiring extensive re-inspections due
to major faults or over-sights found in the project/construction.
The fee also
applies to inspections required due to plans being absent from site and inspections
being called for prematurcly before the work is actually ready for an inspection.
9.6.2
The fee applied is specified in Schedule A of this By-law, and shall be paid at the
municipal office prior to the actual additional/special inspection taking place.
9.7
Final Inspections on Old Permits
9.7.1
Any Final inspections requested by a property owner in order to close an old
permit (greater than live (5) years old) are be subject to a fee by the Chief
Building Official. The fee applied is specified in Schedule A of this By-law, and
shall be paid at the municipal office prior to the actual Final inspection taking
place.
9.8
Building Without a Permit
9.8.1
At the discretion of the Chief Building Official, an additional fee for constructing
or demolishing, or causing the construction or demolition of a building, prior to
obtaining a municipal permit may be applied. In addition, charges of
constructing/demolishing without a valid building permit may be filed with the
Ontario Court of Justice.
9.8.2
All pertinent requirements of the latest issue of the Building Code shall be met
including obtaining a valid permit(s) and all required inspections.
This may include the uncovering of any or all aspects of the project and a detailed
engineering evaluation of all or part of the project by a qualified professional
engineer, complete working drawings submitted and specifications for all aspects
of the project.
10.
NOTICE FOR INSPECTION
10.1
As per the Building Code Act 10.2(1), Notice of Readiness for Inspection, the prescribed
person (owner or an authorized agent) shall notify the Chief Building Official that the
construction is to be inspected.
10.2
In regards to both prescribed and additional notices as specified in the Building Code, the
owner or an authorized agent shall notify the Chief Building Official at least two (2)
business days prior to inspection of each stage of construction for which notice in
advance is required under the Building Code.
10.3
Notice of readiness to inspect may be given in one of the following ways:
1. Phone message given to the Township of Seguin Building Department
at (705) 732-4300.
2. Fax sent to the Township of Seguin Building Department at (705) 732-6347.
3. E-mail sent to the General Inquiries address via the seguin.ca website
4. In person at the Township of Seguin Building Department counter.
10.4
Notice must include permit number, name of person requesting inspection, type of
inspection requested, civic address of property and owner's name.
A contact telephone
number may be left if you wish confirmation of receipt of your request, or requested as a
13
contact number for the inspector.
10.5
Subsequent to receiving a notice of readiness to inspect pursuant to subsection 102(1) of
the Act, the Chief Building Official shall cause an inspection to be made to which the
notice relates.
10.6
The Chief Building Official will make every reasonable effort to schedule an inspection
at the convenience of a permit holder, but the Chief Building Official has the right to
cause an inspection to be made at any time during the two full busincss days following
the day upon which a notice is received.
10.7
Notification of readiness to construct the sewage system and readiness to inspect the
substantial completion of the installation of the sewage system before the commencement
of baekfilling shall be directed to the conservation authority having jurisdiction (North
Bay Mattawa Conservation Authority).
10.8
Notification of readiness to construct the electrical system shall be directed to the
electrical authority having jurisdiction (Electrical Safety Authority).
11.
PLANS ON SITE
11.1
One copy of the building plans used as supporting documentation for the permit
application that were reviewed and approved for construction/demolition by the Building
Department shall be kept on site at all times until final completion of the building.
11.2
One copy of any other authorizations from the B.M.E.C or rulings from the Minister used
as supporting documentation for the permit application shall be kept on site at all times
until final completion of the building.
12.
AS CONSTRUCTED PLANS
12.1
Whereas clause 7.( I )(g) of the Act authorizes requirements being made with respect as to
As Constructed Plans and as indicated in Sentence 1.3.6.1(1) of Div. C of the Building
Code, the Council hereby enacts that the Chief Building Official may, at his/her sole
discretion, require any person responsible for construction of a building or any class of
buildings to provide plans for the entire building, or any part or system of it, showing the
as constructed state within sixty (60) days of the construction having been completed, and
prior to the closing and archiving of the permit.
13.
OCCUPANCY AND COMPLETION OF A BUILDING
13.1
In addition to the regulations of subsection 11 .( 1) of the Act which provide that no person
shall occupy or use, or permit to be occupied or used, any building newly erected or
renovated until notice of the date of this completion is given to the Chief Building
Official (as per Div. C, 1.3.3.1 .( I) of the Building Code), the following requirements
must also be fulfilled:
a) An inspection request is made pursuant to such notice as outlined in Section 10
of this By-law.
b) The occupancy inspection took place as requested and was deemed to be
complete.
c) There has been prior compliance with any Order made by the Chief Building
Official pursuant to the provisions of this By-law or of the Building Code Act or
regulations.
13.2
Final inspections are required prior to closing of a building permit.
They may be in
conjunction with or subsequent to a required occupancy inspection.
13.3
Final interior and exterior inspections are to be requested once all substantial interior and
exterior work related to the project is done including interior wall and ceiling facings.
plumbing. heating/ventilating (HVAC). all exterior facings are in place. exterior grading
(immediately
adjacent
to
the
building)
extending
to
surface
drainage.
all
safety
14
requirements (both interior and exterior), all structural, all sewage system and electrical
requirements have been met and any other mandatory requirements under the Building
Code have been completed and outstanding Orders complied with.
13.4
It is the responsibility of the owner of the property to request a final inspection (once all
other inspections have been completed and passed) on all projects at the time of
substantial completion.
13.5
Should therc be any changes at any time to the Building Code Act which would create a
conflict with the requirements stated, the Act shall supersede this By-law (as per 35(1) of
the Act).
14.
GENERAL PROVISIONS & SEVERABILITY
14.1
If any provision, or part of a provision, of this by-law is declared by any court or tribunal
of competent jurisdiction to be illegal or inoperative, in whole or in part, or inoperative in
particular circumstances, the balance of the by-law, or its application in other
circumstances, shall not be affected and shall continue to he in full force and effect.
14.2
In the event of any conflict between any provisions of this by-law and any other by-law
heretofore passed prior, the provisions of this by-law shall prevail.
15.
TRANSITION, COMMENCEMENT AND REPEAL OF BY-LAWS
15.1
By-law No. 2019-031 of The Corporation of the Township of Seguin comes into force
and takes effect upon the passing of this By-law, and By-law No. 2018-018 and all other
By-laws and Resolutions, or parts thereof, contrary hereto or inconsistent herewith are
hereby repealed.
Read a FIRST, SECOND and THIRD TIME, ENACTED and PASSED this 1st day of
April, 2019.
Ann MacDiarmid,
Mayor
V.
/ t.et-t-O
Craig Jeff V //Z
Clerk
15
THE CORPORATION OF THE TOWNSHIP OF SEGUIN
BY-LAW No. 2019-03 I
SCHEDULE A - BUILDING PERMIT FEES & ADMINISTRATION FEES
T\PC OF STRUCTURE / PROJECT
PERMIT FCC CALCULATIONi
Al
Dwelhng, boathouse (habitable space only:I, guest
$125/ft2 of finished floor area
$11 per SI000 ofCV (or part therecf)
cabin (bunkie), and other habitable space up to
Minimum $150
and including 1000 ft
4.2
Dwelling, boathouse (habitable space only), guest
Total area (ft2) of finished floor of all storeys
$11 per $1000 of CV (or part thereof)
cabin (bunkie), and other habitable space over
minus () 1000 ft2 times (x) 0.025 plus (+)
1000 ft2
$125 times
(x) total area
(ft2) of finished
floor of all storeys
4.3
Dwelling, boathouse (habitable space only), guest
$300/ft2 of finished floor area
$11 per $1000 of CV (or part thereof)
cabin (bunkie), and other habitable space over
8000 ft'
AA
Addition(s)
to
dwelling,
boathouse
(habitable
$125/ft2 of additional finished floor area
$11 per $1000 of CV (or part thereof)
space
only),
guest
cabin
(bunkie),
and
other
Minimum $150
habitable space where the total finished floor area
after the addition is up to and including 1000 ft2
4.5
Addition(s)
to
dwelling,
boathouse
(habitable
Total area (ft') of finished floor after the
Sal per $1000 of CV (or part thereof)
space
only),
guest
cabin
(bunkie),
and
other
addition minus (-) 1000 ff times (x) 0.025
Minimum $150
habitable space where the total finished floor area
plus (') $125 times (x) total area (ft') of
of the entire building after the addition is over
finished floor of addition
1000 ft2
84
Commercial,
lndustria
or institutional
buildings
5100/ft2 of total floor area
$11 per 51000 of CV (or part thereof)
(New or addition(s) to existing)
Minimum $200
82
Accessory building to Commercial, Industrial
or
$45/fr of rotal floor area
$11 per $1000 of CV (or part thereof)
Institutional uses
Minimum $200
C
Accessory building (boathouse*, boatport*,
$45/ft' of total floor area
$11 per $1000 of CV (or part thereof)
garage, carport shed, porch, solarium, etc.), open
Minimum $150
boat storage building, farm building, and
Addition(s) to such a building
*Boathouse fee is separate from dock fee and is
calculated based on the building area of the first
storey of the building
D
Hunt Camp
$100/ft1 of total floor area
$11 per $1000 of CV (or part thereof)
Minimum $150
F
Any dock or open deck that is over log ft2. or
$35/ftp of total floor area
511 per $1000 ot CV (or part thereof)
addition(s) to
such structures where the total
Minimum $150
building area after the addition is over 108W
F
Plumbing (only)
525/fixture
Minimum $150
C
Temporary tent
55/ft' of total floor area
$11 per 51000 of CV (or part thereof)
Minimum $150
H
Renovation or repair, includingto foundation
Va:ue to be determined
by Chief Building
$11 per 51000 of CV (or part thereof)
Official
Minimum $150
I
Designated Structure (as per A.1.3,a.1. of OBCC)
Value to be determined
by Chief Building
$11 per $1000 of CV (or part thereof)
(i.e. solar PV panels, signs, etc.)
Official
Minimum $150
i
Foundation
(new/replacement),
or
Building
Value to be determined by Chief Building
$11 per $1000 of CV (or part thereof)
relocation on same property
Official
Minimum $150
K.l
HVAC system
Value to be determined by Chief Building
$11 per $1000 of CV (or part thereof)
Official
Minimum $150
K.2
Solid Fuel Burning Appliance
Flat Rate
$100/unit
L
Demolition
Flat Rate
$60
M
Conditional permit
$300, plus the permit fee for the
entire building as per the above fees,
plus security deposit
N
Change of Use
Flat Rate
$100
16
ADMIMSTRATION FF.S
PAYABLE FEE
0
Re-submission Fee
- when submissions are deemed incomplete or contravene applicable law, they
$100
are required to be re-submitted with the required changes as noted upon the initial plans review.
An administrative fee may be applied at the discretion of the Chief Building Official for the
subsequent review(s).
P
Revisions to plans
- submission of some or all permit plans for review and approval due to changes
$50/page if plans are reviewed only,
to the proposed construction.
$100/page
if
required
after
inspection(s)
0
Transfer of Permit
$100
R
Open Building Permit Annual Maintenance Fee
- an administrative fee applied annually to each open permit file on a property until such
time that the permit is closed. The applied fees are:
a) for any permit fee value under $1,500
$75
b) for any permit fee value of $1,500 or more but less than $5,000
$100
c) for any permit fee value of $5,000 or more but less than $10,000
$150
d) for any permit fee value of $10,000 or more
$200
5
Additional / Special Inspections
- inspections that are deemed necessary by the Chief Building
$150/inspection
Official or for a call-back inspection where the work was not substantially complete or the
Township-approved permit drawings absent from site (applicable to existing buildings or
defective/deficient new buildings)
T
Final Inspections on Old Permits
- inspections on permits deemed to be "old" (open over 5 years) and a request must be made in writing to
the Chief Building Official:
a) permit issued 5-10 years prior to request
$150/inspection
b) permit issued more than 10 years prior to request
$300/inspection
U
Building Without a Permit
- additional fee for constructing or demolishing a building/structure without a permit and is at the discretion of
the Chief Building Official:
a) for any class of permit with construction value up to $10,000
$100
b) for any class of permit with construction value of $10,001 up to $25,000
$250
c) for any class of permit with construction value over $25,000
$11 per $1000 of CV (or part thereof)
Maximum $1500
* Note that the BWOP admin fee may not be more than the actual permit fee.
V
Review of Application for Alternative Solution
$500 + additional costs
Footnotes:
11For the purposes of calculating permit fees from this Building By-law Fee Schedulc A, FloorArca and FinisI,cdFloo,-Area may be
measured to the exterior surface of the structure.
(21 For the purposes of calculating permit fees from this Building By-law Fee Schedule A, the Construction Value given on the application
may be used to generate the permit fee (whichever CV is greater).
Under Special Circumstances, the fees noted in Schedule A may be waived by the Chief Administrative Officer or the Chief Building
Official.
17
THE CORPORATION OF THE TOWNSHIP OF
SEGUIN BY-LAW NO. 2019-031
SCHEDULE B
REFUNDS
Percentage of Fee
Stages of PenTlit Application Process
Eligible for Reftmnd
I.
Application filed
75%
(No processing or review of plans submitted)
2.
Application filed
60%
(Plans revicwcd but pcrrnit not issued)
3.
Application filed.
50%
(Plans rcvicwed and pcrmit issued)
4.
Permit Issucd.
Additional 25% per
(Site inspections carried out)
inspection not refundable
NOTES:
A.
No refund shall result in the retention by the Township of Seguin of an amount
less than $150.00;
B.
No refund will be given when application or written request for refund is not made
within six (6) months of date of application or issue date of permit (whichever case
applies).
C.
No rcfund of the "cost" portion of any permit will be made.
18
THE CORPORATION OF THE TOWNSHIP OF
SEGUIN BY-LAW NO. 2019-031
SCHEDULE C
LIST OF CONSTRL:CTION PLANS OR WORKING DRAWINGS
TO ACCOMPANY APPLICATIONS FOR PERMITS
I.
ThcSiiePlan
2.
Floor Plans
3.
Foundation Plans
4.
Roof Plans
5.
Framing Plans
6.
Sections & Details
7.
Building Elevations
8.
Electrical Drawings
9.
Healing. Ventilation and Air Conditioning Drawings
10.
Plumbing Drawings
II.
Sewage System
See sections 5.2 to 5.4 of this By-law for details on listed plan/drawing types.
NOTE:
The Chief Building Official may specify that not all of the above-mentioned
plans are required to accompany an application for permit.
THE CORPORATION OF THE TOWNSHIP OF
SEGUIN BY-LAW NO. 2019-031
SCHEDULE D
CODE OF CONDUCT FOR BUILDING OFFICIALS
The Code of Conduct applies to the Chief Building Official and inspectors appointed under the
Building Code Act in the exercise of a powcr or thc pcrformance of a duty under the Building Code Act
or the Building Code. The standards listed below form part of Seguin Township Policy # 2005-01
approved under Resolution 2005-275.
The purpose of this Code of Conduct is to promote appropriate standards of behavior 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.
In addition to any Policy with rcspect to any Code of Conduct applying to all municipal staff, the
Township of Seguin Building Officials shall undertake at all times to:
1.
Act in the public interest, particularly with regard to thc safety of building works and
structurcs.
2.
Maintain their knowledge and understanding of the best current building practices, the
building laws and regulations relevant to their building certifying functions (inspection and
plan examination).
3.
Commit themselves to a process of continuous education so as to constantly be aware of
developments in building design, practice and the law relevant to their duties.
4.
Comply with the provisions of the Building Code Act, the Building Code and any other Act
or Law that regulates of governs Building Officials or their functions.
5.
Avoid situations where there may be, or where they may reasonably appear to be, a conflict
between their duties to their clients, their professions, their peers and the public at large and
their personal interests.
6.
Not act beyond their level of competence or outside their area of expertise.
7.
Apply all relevant building laws, regulations and standards strictly and without favour and
independent of the influence of interested parties.
8.
Perform their inspections and certifying (plan examination) duties impartially and in
accordance with the highest professional standards.
9.
Not divulge any confidential or sensitive information or material that they became privy to
in the performance of their duties, except in accordance with laws governing freedom of
information and protection of privacy.
10. To avoid any conduct that could bring Building Officials or the Township of Seguin into
disrepute.
11. Extend professional courtesy to all.
12. Accept responsibility for the conduct of their subordinate employees.
13. Maintain current accreditation to perform the functions assigned to them.
14. Take all reasonable steps to ascertain and document all available facts relevant to the
performance of their duties.
15. Exemplify compliance with all regulations and standards that govern building construction,
health & safety or other matters related to their status as a building official.
Guideline for responding to Misconduct Allegations
The Building Code Act provides that the performance of Building Officials will be measured against
this Code of Conduct. In response to any allegation of a breach of this Code, the Chief Building
Official shall direct an investigation and where appropriate, recommend disciplinary action against any
Building Official who fails to comply with this Code of Conduct. Where the allegation is against the
Chief Building Official, Council will direct the investigation and make such recommendations as are
reasonable. In determining the appropriate discipline, the Chief Building Official or Council will have
regard to the relevance of the conduct to the Official's powers and responsibilities, as well as the
severity of any misconduct.
Disciplinary Action arising from violations of this Code of Conduct is the responsibility of the Council
of the Township of Seguin and is subject to relevant employment laws and standards.
20